Old Bailey Proceedings Online (www.oldbaileyonline.org, version 6.0, 30 September 2014), June 1802 (18020602).

Old Bailey Proceedings, 2nd June 1802.

THE WHOLE PROCEEDINGS ON THE KING'S Commission of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY OF LONDON; AND ALSO, The Goal Delivery FOR THE COUNTY OF MIDDLESEX, HELD AT JUSTICE-HALL, IN THE OLD-BAILEY, ON WEDNESDAY, the 2d of JUNE, 1802, and following Days, BEING THE FIFTH SESSION IN THE MAYORALTY OF The Right Honourable SIR JOHN EAMER , KNIGHT, LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY RAMSEY & BLANCHARD,

LONDON: PRINTED AND PUBLISHED, By Authority of the CORPORATION of the CITY of LONDON, By W. WILSON, St. Peter's-Hill, Little Knight-Rider-Street, Doctors' Commons.

1802.

THE WHOLE PROCEEDINGS ON THE KING'S Commission of the Peace, Oyer and Terminer, and Goal Delivery FOR THE CITY OF LONDON, &c.

BEFORE the Right Honourable Sir JOHN EAMER , KNIGHT, LORD-MAYOR of the City of LONDON; Sir NASH GROSE , Knight, one of the Justices of his Majesty's Court of King's Bench; Sir ROBERT GRAHAM , Knight, one of the Barons of his Majesty's Court of Exchequer; Sir WILLIAM STAINES , Knight, JOHN BOYDELL , Esq. BROOK WATSON , Esq. and WILLIAM NEWMAN , Esq. Aldermen of the said City; Sir JOHN WILLIAM ROSE, Knight, Serjeant at Law, Recorder of said City; JOHN PERRING , Esq. JAMES SHAW , Esq. and GEORGE CLARKE , Esq. Aldermen of the said City; and JOHN SILVESTER , Esq. Common-Serjeant of the said City; His Majesty's Justices of Oyer and Terminer of the CITY of LONDON, and Justices of Goal Delivery of NEWGATE, holden for the said City and County of MIDDLESEX.

First Middlesex Jury.

John Nunn ,

James Newton ,

Robert Grierson ,

Edward Freers ,

Thomas Rawlins ,

William Lonsdale ,

William Feltwell ,

John Perrigal ,

Folliard Clarke ,

James Pitt ,

John Edwards ,

Joseph Smart .

Second Middlesex Jury.

John Rush ,

Francis Henderson ,

Thomas Hill ,

Ralph Fowler ,

John Bedford ,

Joseph Miller ,

George Clare ,

Joseph Ivatts ,

John Sheppard ,

Thomas Durham ,

Thomas Keaton ,

William Combes .

London Jury.

Robert Kell ,

Thomas Brittain ,

William Larn ,

William Rosser ,

James Harrison ,

William Wilcox ,

Thomas Read ,

Henry Hall ,

Philip Green ,

Joseph Cecil ,

Thomas Scarlet ,

Michael Brennand .

419. WILLIAM AXFORD was indicted for feloniously stealing, on the 28th of April , a jacket, value 30s. a pair of breeches, value 18s. a waistcoat, value 5s. a hat, value 10s. and two handkerchiefs, value 1s. the property of Charles Westwood .

CHARLES WESTWOOD sworn. - I lost the property from my barge, at Scotland-yard , on the 28th of April; the prisoner is apprentice to a waterman , at Lambeth; he begged a night's lodging of my apprentice, John Norris .

JOHN NORRIS sworn. - I know the prisoner: On the 27th of April, I went home to Princes-street, Lambeth, to get my supper; when I came back, the prisoner was on board a barge lying along side our barge; he asked me to let him sleep there that night; I consented; when I waked the next morning, the prisoner was gone, and the things were gone; I saw him in the cabin; that is all I know of it; he was taken into custody last Sunday week.

ALEXANDER BOONE sworn. - I keep a tailor's shop, in Chandos-street, Covent-garden, and sometimes buy old clothes: On the 28the of April, the prisoner at the bar brought a jacket, a waistcoat, and a pair of breeches to me to sell; I asked him how he came to sell such good things; he said, he had come from abroad, and that a tailor in the Borough had made them; I asked him what he gave for them; he told me thirty-two shillings; on a cross-examination, he said thirty-six shillings; upon which I told him the things were never bought for any such money, and I did not think they were his own; I asked him to sit on the jacket; he took off the jacket that he had on, and I observed he had no shirt on; he told me he had sold his shirt the day before; I then told him I did not think the things were his, and I would keep them; he said, he could bring a person in the neighbourhood to prove that they were his; he then went out, and brought in a man. I interrogated the man where he lived; he told me in the Haymarket; he said, he was a servant there, but would not give me his master's name; I told him then, that he could not prove the things were the boy's; I then sent for a constable; he desired me to take the boy to Mr. Coward's, in St. Martin's-court; I took him there, and Mrs. Coward knew the boy very well; I inquired his character; she hesitated a little, and then her husband came in; I told him what I was come about, and shewed him the things; he said, he did not know whether they were his own clothes or not, but his mother was extremely fond of him, and they might be his own; he said, he was a wild boy; I then let the boy go, and I saw nothing of him for near a month afterwards. (Produces the property.)

Westwood. These are the things I lost out of the cabin of my barge.

Norris. These are my master's things.

GEORGE DONALDSON sworn. - I was sent for to take charge of the prisoner; that is all I know of it.

Prisoner's defence. I was in distress at the time.

GUILTY , aged 17.

Confined one year in the House of Correction .

First Middlesex Jury, before Mr. Justice Grose.

420. JAMES PIPER and JOHN GRIFFITHS were indicted for feloniously stealing, on the 8th of May , four pair of boots, value 3l. the property of Andrew Laurie , and a number of other persons, proprietors of the Berwick wharf .

EDWARD LAURIE sworn. - On the 8th of May I lost four pair of boots from the wharf in East-Smithfield; they had come from Leith, in a Berwick smack belonging to the old Shipping Company of Berwick, the firm of the partnership is as it is stated in the indictment; the boots were in the custody of the officer; I saw two pair taken out of the pocket of the prisoner, Griffiths, and the other two pair out of the jacket-pocket of the prisoner, Piper; Mr. Ray, who had come up in the vessel, had brought a cask of boots, which my clerk told me he desired him to sell for him; I did not see the gentleman at all; my clerk, and some of the other clerks, wished to have a pair of cheap boots, and I went to the cask, with Mr. Thomas-Coxhead Stevens, Alexander Bowmaker, and another gentleman, and they sitted themselves; I noticed one of the boots had a little rent behind, and they were put into the cask again; I suppose there were a dozen pair taken out, and one of the pair that was found upon Griffiths, had a rent behind; I have no doubt of their being the same boots; they were tacked together.

Q. As to those taken from Piper, can you speak to them at all? - A. No, any further than when we counted the number in the cask, they were missing; there should have been four dozen in the cask, and we found four pair were gone; the prisoners worked in the warehouse where the boots were.

ALEXANDER BOWMAKER sworn. - On the 8th of May last, I was at Mr. Laurie's warehouse; I heard, by chance, that there were some boots for sale; I tried on a pair, and was called away to a gentleman upon business, who pointed out the rentto me, and I pulled them off, and put them back into the cask; that is all I know.

THOMAS JONES sworn. - I am porter at the Berwick wharf in the employ of Mr. Laurie; I employed the prisoners on the 8th of May, about one o'clock, to move leather from one lost to the other; in one of the losts there was a cask of boots, which had been landed from the vessel; I told out the boots the night before, and there were a dozen and four pair; we found two pair in Griffiths's jacket-pocket; his jacket was lying upon a case as if he was about his work; I asked him what he had got in his pocket; when I discovered the boots in his jacket, I went down stairs, and informed Mr. Laurie; he told me to fetch the jacket, which I did, and shewed them to Mr. Laurie; there were two pair of boots, and a spoon; I took it back again, and Griffiths put on the jacket, and came down stairs; he desired me, for God's sake, to take the boots out of his pocket, and let them go; I said, I could not do it, for my master knew they were there as well as myself; then he went up stairs for his hat; my master desired me to go and see where he was gone to, and, when I went up, I saw him jumping out of the loop-hole into the street; I called out stop thief, and he was stopped; I brought him back to my master on the wharf, and an officer was sent for to take him up.

Q. When was it you searched the pocket of the other man, Piper? - A. After Griffiths had got out into the street; I went into the warehouse, and took up the jacket; I asked Piper if it was his; he said, yes, and asked how it came there; he said, he had left it upon the case; I went down into the accompting-house with him, and put his jacket on the stool in the accompting-house; I looked, and found two pair of boots, one pair in each pocket, of the same sort of boots; I cannot swear to them; they were delivered to the officer.

Cross-examined by Mr. Knapp. (Counsel for Piper.) Q. Griffiths took to his heels, and ran away? - A. Yes.

Q. Piper submitted to be searched very readily? - A. Yes.

THOMAS GRIFFITHS sworn. - I belong to the Police-office, Lambeth street: On the 8th of May, I was sent for to Mr. Laurie's there was a soldier's jacket on the stool in the accompting-house; I took it up, and asked Piper if that was not his jacket; he said, it was; I then took a pair of boots out of each side of his jacket in the lining; the lining was tore; the other two pair were delivered to me by Mr. Laurie. (Produces them.)

Mr. Knapp. Q. He had no hesitation in telling you that was his waistcoat? - A. No.

Q. (To Jones.) Were there any other soldiers employed? - A. Yes, there was one other soldier, and another man, that always worked there.

Mr. Laurie. This is the boot that had the rent in it; the others are the same kind of boots; I believe them to be the same.

Mr. Knapp. Q. All the boots were consigned from Scotland in a cask? - A. Yes.

Q. They do not appear to me to have any thing particular about them? - A. No; Piper certainly did not shew the least symptom of criminality or fear, so much so, that I wished the Justice not to commit him; I dare say he was five minutes in the warehouse after it was discovered.

The prisoner, Piper, left his defence to his Counsel, and called his serjeant, who gave him a good character.

The prisoner, Griffiths, put in a written defence, stating that he was innocent of the crime.

Griffiths, GUILTY , aged 25.

Confined six months in the House of Correction .

Piper, NOT GUILTY .

First Middlesex Jury, before Mr. Baron Graham.

421. FRANCES WHITE was indicted for feloniously stealing, on the 20th of May, six sheets, value 30s. the property of William-John Reeves , Charles Whittingham , and Thomas Wilson .

Second Count. Charging them to be the property of Thomas Bennett .

Third Count. Charging them to be the property of the inhabitants of the parish of St. Andrew, Holborn .

THOMAS BENNETT sworn. - I am master of St. Andrew's workhouse , Shoe-lane ; this property was in my trust; I suppose I must be responsible for them, or lose my place.

Q. Are they the property of the inhabitants of the parish of St. Andrew's, Holborn? - A. Yes; the sheets were in the prisoner's care, she was nurse to the boys ; these were the sheets of the boy's beds, in the boys ward: On the 20th of May, I missed the sheets; I asked her about them; she said she would produce them presently; the overseets said, she should not go out of the room till she said where they were, upon which she acknowledged she had pawned them; at first she laid in Fleet-street, then she said in Field-lane; she was asked for the duplicates, and she said she had lost them; she was taken before the Alderman, and the pawnbrokers were subpoenaed; they appeared, and produced the sheets before the Magistrate; William-John Reeves is a church-warden, and Charles Whittingham and Thomas Wilson are overseers.

Q. They had the charge of those things for the parish? - A. Yes; I saw three of them in the pawnbroker's shop; they had the mark of Shoe-lane workhouse upon them.

THOMAS WILSON sworn. - I am one of the overseers of St. Andrew's; Holborn; I know nothing further than taking the account of the stock of the house, and found it as Thomas Bennett has described it; I missed six sheets.

WILLIAM TYRRELL sworn. - I am a pawnbroker, No. 26, Field-lane; I took in from the prisoner at the bar three sheets, at separate times; I knew her before; I gave her three duplicates, one was pledged on the 11th of March, another the 31st of March, and the other the 12th of April.

Q. Had they any marks upon them? - A. One of them was so dirty, I did not see the mark; the other two had no mark upon them; she said they were her own. - (Produces them.)

THOMAS LEPARD sworn. - The prisoner was put into my custody the 20th of last month; I have never had the custody of the property.

Bennett. Two of the sheets had the words,"Shoe-lane Workhouse," stamped upon them, with this stamp upon them (producing it); the other has no mark, but we have a great deal of the same kind of cloth.

Prisoner's defence. - I meant to get them out in a day or two, after they were missed.

GUILTY , aged 59.

Confined six months in Newgate , and whipped in jail .

London Jury, before Mr. Recorder.

422. WILLIAM SCHOFIELD was indicted for feloniously stealing, on the 6th of April , a pocket-book, value 1s. the property of Charles-Robert Richardson .

The prosecutor was called, but not appearing, the prisoner was ACQUITTED .

London Jury, before Mr. Recorder.

423. WILLIAM MOORE was indicted for feloniously stealing, on the 29th of May , a basket, value 2s. a linen cloth, value 6d. and 34lb. of butter, value 1l. 16s. the property of Levi Edwards .

LEVI EDWARDS sworn. - I keep a shop at Battle-bridge; I bought two flats of butter of Mr. Strickland, in Newgate-market ; we always return the basket and the cloths; we are responsible for them; I was having the butter booked to me; and, as I was looking through Mr. Strickland's window, I saw the prisoner take the basket; I gave an alarm, and he was brought back; I am sure he is the same man.(Edward Harris corroborated the testimony of the prosecutor.)(The constable, who took the prisoner with the property upon him, produced it, and it was identified by the prosecutor.)

Prisoner's defence. I heard an alarm, I was running, and they laid hold of me.

GUILTY , aged 22.

Transported for seven years .

London Jury, before Mr. Recorder.

424. GEORGE RASPBERRY was indicted for feloniously stealing, on the 8th of May , twelve pair of shoes, value 1l. 18s. the property of John Heapy .

JOHN HEAPY sworn. - I am a shoe-maker in Fore-street ; I was not at home at the time I lost my property; when I came home, I found the prisoner in the shop.

JAMES JOHNSON sworn. - I am a plaisterer: I was going past Mr. Heapy's shop, and saw the prisoner and another lad; I heard the prisoner say, now you can go in; having a suspicion, I crossed the way, and watched them; the shop-door was open, and the shoes were lying, tied up in a bundle, against the shop-door; I saw him put them under his arm, and walk away with them; I went after him, and took him in Ironmonger-lane, with the shoes upon him; I brought him back, and sent for a constable.( John Tanner , a victualler, corroborated the evidence of Johnson.)(James Hall, the Marshalman, produced the shoes, which were identified by the prosecutor.)

The prisoner being called upon for his defence, begged for mercy.

GUILTY , aged 20.

Confined six months in Newgate , and whipped in the jail .

London Jury, before Mr. Recorder.

425. WILLIAM INWARDS was indicted for feloniously stealing, on the 25th of May , a pocketbook, value 1s. and a Bank-note, value 1l. the property of William James .

WILLIAM JAMES sworn. - Q. What are you? - A. A private gentleman : On Tuesday, the 25th of May, about ten minutes before two o'clock, I had my pocket picked in Fleet-street , containing a one-pound note; I was going from blackfriar's-bridge towards Temple-bar, when I felt the prisoner's hand in my pocket, nearly opposite Fetter-lane ; I immediately turned round, and saw my pocket-book in the prisoner's hand; I asked him what business he had with that pocket-book; I made a catch at him, but missed him, and he ran away from me; I crossed the street, and pursued him up Fetter-lane; I cried stop thief, and two constables took hold of him, about half-way up the lane; I never lost sight of him; when they took hold of him, he took the pocket-book from his bosom, and threw it behind him in the air; I took it up (produces it); it contained a one-pound note, and a few memorandums.

Cross-examined by Mr. Knapp. Q. This was about two o'clock in the day? - A. Yes.

Q. Are you much in London? - A. No.

Q. There are a great number of people in Fleet-street, generally in the middle of the day? - A. Yes.

Q. There were a great many carriages passing? - A. Yes, but I had my eye upon the prisoner.

Q. You had never seen the prisoner before that day? - A. To the best of my knowledge, I never had.

Q. The first time you saw any thing at all respecting the prisoner, was when he had got the pocket-book in his hand? - A. Yes.

Q. Therefore any body else might have taken it out of your pocket, and delivered it to him? - A. I felt something, and, at the same instant, I turned round, and saw the book in the prisoner's hand.

Q. Can you swear to the pocket-book? - A. Yes, it has my name in it.

JOHN READ sworn. - I am a constable: About two o'clock, on the 25th of May, I was in company with George Donaldson; I heard the cry of stop thief, and saw the prisoner cut across Fleet-street, up Fetter-lane; I pursued him; I saw him throw away the pocket-book; I still pursued him, and took him; Mr. James picked up the book.

GEORGE DONALDSON sworn. - I know no more than the last witness.

The prisoner left his defence to his counsel, and called five witnesses, who gave him a good character. GUILTY , aged 18.

Confined twelve months in Newgate , and publicly whipped .

London Jury, before Mr. Recorder.

426. FRANCIS CHAMBRAY was indicted for feloniously stealing, on the 3d of May , a hat, value 9s. the property of Matthew Gardner .

The prosecutor was called, but not appearing, the prisoner was ACQUITTED .

London Jury, before Mr. Recorder.

427. WILLIAM SKINNER was indicted for feloniously stealing, on the 1st of June , a pewter quart pot, value 3s. the property of Richard Garnett .

RICHARD GARNETT sworn. - I keep the Dolphin upon Ludgate-hill : About two o'clock yesterday; the prisoner came in, and went into the parlour; he came out again, and had a glass of gin at the bar; about a minute after he was gone, a quart pot was missing from the parlour; my wife went after him, and took him, with the pot upon him.

WILLIAM COLES sworn. - I am a porter: I heard an alarm; I came up, and the prisoner and the pot were delivered to me. - (Producing the property.)

ANN GARNETT sworn. - I went after the prisoner, and took him in Trinity-lane, with the pot in his pocket; I took hold of him, and he said, don't make a noise, and I will settle it, or make it up; I don't know which; a young man then came up, and he was brought back.

Prisoner's defence. I have known the man a great many years; I did not take it with an intention of wronging him; I had been drinking very hard, and did not know that I had it. GUILTY , aged 54. Confined six months in Newgate , and publicly whipped .

London Jury, before Mr. Recorder.

428. JAMES DEGRANGES , JAMES ROBINSON , and WILLIAM MILLS . were indicted, the first two for feloniously stealing, on the 24th of May, a table, value 18s. the property of Thomas Tompkins , and the other for feloniously receiving the same, knowing it to have been stolen .

THOMAS TOMPKINS sworn. - I am a cabinetmaker , No. 17, London-wall : On Monday, the 24th of May, I lost a table; I was out at the time it was taken; when I came home I applied to an officer, got a warrant, and, on the 26th, went in search of the prisoners; we found the table at the house of the prisoner Mills, a shoemaker in White-cross-street, about four hundred yards from me.

JAMES THORBY sworn. - I am a calico-glazer: On Monday, the 24th of March, about eleven o'clock in the day, as I was coming from Goodman's-fields with my master's cart, I saw Degranges standing by Mr. Tompkin's door, in London-wall; and, about ten minutes afterwards, I saw him with a table on his head, going towards Wood-street; I then went and told Mr. Tompkins; the prisoner Robinson was following him close behind; I did not observe them talk together.

Cross-examined by Mr. Watson. Q. Did you observe whether the table was split or not? - A. No, it was a mahogany table.

Q. Was he going towards White-cross-street? - A. No, he was not.

DANIEL CARTWRIGHT sworn. - I am an officer of the City; Rogers and I apprehended Robinson: on Thursday, the 27th of May, we met him in Golden-lane, and challenged him about the table; and, after some time, he told us he and Degranges had sold it to Mills, in White-cross-street, for 9s.; then we went to Mills, and challenged him with it; he hesitated a few minutes, and then the prosecutor went into the backroom, and found the table; Mills said he had bought it, and did not know there was any harm; he did not say what he gave for it.

- ROGERS sworn. - I know no more than Cartwright.(The table was produced, and identified by the prosecutor.)

Q. (To Tompkins). What is the value of thetable? - A. I would give fifteen shillings for it to sell it again.

The prisoners did not say any thing in their defence; but Mills called four witnesses, who gave him a good character.

Degranges, GUILTY , aged 16.

Robinson, GUILTY , aged 15.

Confined six months in Newgate , publicly whipped and discharged.

Mills, NOT GUILTY .

London Jury, before Mr. Recorder.(The prisoner Degranges was afterwards tried upon a capital charge, convicted, and received sentence of death.)

429. JOHN WILLIAMS was indicted for feloniously stealing, on the 5th of May , seven sheets, value 21s. a table-cloth, value 5s. four shirts, value 4s. and three shifts, value 3s. the property of Thomas Vincent .

NICHOLAS FELL sworn. - I live in Mr. Thomas Vincent 's house, James-street, Manchester-square , and sleep in the back kitchen: On Wednesday morning, the 5th of May, about a quarter before six, I saw the prisoner go across the yard out of the washhouse, with the property upon him; I stopped him with a copper in his arms, and the property in it; he immediately shoved me backwards, dropped the things, and ran out at the door; I pursued him, and never lost sight of him, till he was stopped at the top of Gray-street, Manchester-square; I got assistance, and brought him back to the place where he had dropped the property.

JOSEPH RADFORD sworn. - I stopped the prisoner at the top of Gray-street, Manchester-square; Mr Fell came up, and I assisted in bringing him back.(The property was produced, and identified by the prosecutor.)

Prisoner's defence. I am entirely innocent of the charge that is laid against me; I heard the cry of stop thief; I ran with other people, and they laid hold of me. GUILTY , aged 20.

Confined six month in the House of Correction , and publicly whipped .

Second Middlesex Jury, before Mr. Recorder.

430. WILLIAM APPLETON was indicted for feloniously stealing, on the 23d of May , an apron, value 6d. thirty-seven penny-pieces, and forty-seven halfpence , the property of Samuel Smith .

SAMUEL SMITH sworn. - I am a milkman : Last Sunday was a week, after doing my business, I put a bag of penny-pieces and halfpence into the cart, in Crown-street, Westminster ; a woman fell down some steps, and I jumped out of the cart to assist her; upon which the prisoner put his foot upon the wheel of the cart, and took out the bag; a little boy told me of it, and I ran after him, but could not catch him; I found him, about an hour afterwards, in his father's bed, undressed, about half-past ten o'clock in the morning; I am sure he is the same boy; I had often seen him before; he had thrown the bag down at a corn-chandler's, and he took me to the place, and shewed me; the woman of the house delivered it to me, and I delivered it to the officer.

Q. Did it appear to you that the woman, who had fell down, had any connection with the prisoner? - A. No.(William Newman, a constable, produced the bag, which was identified by the prosecutor.)

The prisoner did not say any thing in his defence.

GUILTY , aged 9.

Transported for seven years .

Second Middlesex Jury, before Mr. Recorder.

431. WILLIAM SIBLEY was indicted for feloniously stealing, on the 20th of May , two waistcoats, value 12s. the property of Abraham Norden , privately in his shop .

ABRAHAM NORDEN sworn. - The prisoner came to my shop, on the 19th of May, about six o'clock in the evening, to buy a pair of shoes; I shewed him several pair, but none would suit him; after staying about a quarter of an hour, he went away; as soon as he was gone, I missed a redcloth waistcoat from a shelf; the next evening he came again; I charged him with having stolen a waistcoat; he denied it; I sent for a constable, and gave charge of him; he then confessed he had stolen two, and sold them to one Mr. Carson, in Rosemary-lane, for 7s. 6d.; I went to Mr. Carson's, and he sent me them by Mr. Fearnley, and I sent him the money he had paid for them; the red waistcoat I can swear to; the other I cannot.

DENJAMIN FEARNLEY sworn. - I am a salesman, and live opposite Mr. Norden; I received these waistcoats from Mr. Carson, and delivered them to Mr. Norden. (Producing them.)

JAMES CARSON sworn. - On the 20th of May the prisoner came, about the middle of the day, and brought me these two waistcoats to sell; I gave him seven shillings and sixpence for them.

Prisoner's defence. They told me they would forgive me, if I told the truth.

GUILTY, aged 22.

Of stealing goods, value 4s. 10d.

Confined twelve months in the House of Correction .

Second Middlesex Jury, before Mr. Baron Graham .

432. HENRY BORCOMBE and THOMAS STOKES were indicted for making an assault, in the King's highway, upon Thomas Thatcher , on the 15th of May , putting him in fear, and takingfrom his person a silver watch, value 5l. 5s. a seven shilling-piece, and 3s. the property of the said Thomas.

The prosecutor not being able to identify the prisoners, they were BOTH ACQUITTED .

Second Middlesex Jury, before Mr. Justice Grose.

433. EDMUND BRAY was indicted for feloniously stealing, on the 6th of May, fifty yards of Irish cloth, value 30s. and a towel, value 3d. the property of James Russell .

There not being sufficient evidence to bring the charge home to the prisoner, he was ACQUITTED .

Second Middlesex Jury, before Mr. Recorder.

434. JAMES MORRIS was indicted for feloniously stealing, on the 13th of April, 1801 , a basket, value 2s. and 20s. in money , the property of William Hill .

WILLIAM HILL sworn. - I am a baker , in Bunhill-row; the prisoner was my servant : On Monday, the 13th of April, 1801, I sent him out, as usual, with his bread and with his weekly accounts; he requested change for a one-pound note, for a customer of mine, of the name of Gray, saying, he wanted it to discharge a bill; I gave it to him, to the amount of twenty shillings; he did not produce the note; he went away, and I saw no more of him, till he was apprehended; he never returned the note, money, or basket, nor any of the monies he had received that day; I apprehended him last Friday fortnight; I took him in bed, at his master's house, a baker, in East-Smithfield; the officer awoke him, and took him to the watch house; he there told me he hoped I would have mercy on him.

Prisoner's defence. I never was guilty of the like before or since; I hope you will have mercy; I should not have acted so, but I was in liquor, and was ashamed to come home again.

GUILTY , aged 23.

Confined six months in the House of Correction .

Second Middlesex Jury, before Mr. Justice Grose.

435. SAMUEL TAPSTER was indicted for feloniously stealing, on the 14th of May , a great coat, value 2s. a shovel, value 1s. 6d. and a whip, value 2s. the property of John Bent .

JOHN BENT sworn. - I am a labouring man : On the 14th of May, I was coming up Oxford-road, with a cart-load of hay; and the prisoner asked me, if I would let him help me to load a load of dung; I told him I would; I knew nothing of him before; he said he had had no victuals, or any thing, all day; he helped me to load my cart; I then told him, if he would go with me to Paddington, to the place where I water, I had some victuals, and would give him some; he went with me, and I gave him some victuals, a glass of gin, and part of a pot of beer; he said that satisfied him; I went over to No. 26; and, while I was gone, he took the horses on, about a furlong, and then took my great coat, whip, and shovel, out of the cart; I saw him run away from the cart with them: A gentleman, riding up, desired his footman to go after him; but he hid himself, and we could not find him; I saw him the next day, with the property, at Marlborough-street.

DENNIS CARWELL sworn. - I am a carter, and live at West-End: On Tuesday, the 14th of May, I was at the Red Lion, at Kilburn; we heard of these things being stolen; and, in consequence of information, we went to the Buffalo's Head, in the New Road, where we found the prisoner and the property; the ostler knew the great coat, and said, that is Bent's coat; we took him to the watch-house, and the next day he was taken to Marlborough-street.(The property was produced, and identified by Bent.)

Prisoner's defence. He asked me to drive his team on, which I did, and the things sell off the cart into the high road.

GUILTY, aged 30.

Of stealing goods, value 13d.

Confined twelve months in the House of Correction , and fined 1s.

Second Middlesex Jury, before Mr. Baron Graham.

436. JOHN HENTON and WILLIAM MERRITT were indicted for making an assault, in the King's highway, upon Alexander Williams , on the 22d of April , putting him in fear, and taking from his person a hat, value 6d. a pair of gloves, value Id. a half-guinea, a half-crown, and 2s. the property of the said Alexander.

ALEXANDER WILLIAMS sworn. - On the 22d of April, I was returning home with my brother from the Royal Circus, in St. George's-fields, a quarter before one in the morning; in the King's-road we met three men, dressed as soldiers; one of them made a snatch at my arm.

Q. Which? - A. John Heaton, the tallest; I said to my brother, come along, they followed, and Heaton knocked my brother down in the hedge, with a bludgeon; I immediately turned round, and knocked him down; Merritt then came up and knocked me down; he took fifteen shillings out of my right hand breeches-pocket, my hat, and a pair of gloves; he had one hand over my mouth, and said; d - n your eyes, I will murder you, if you make a noise; the other two were robbing my brother, at the same time that Merritt was robbing me; when we came together again, Henton said, d-n your eyes, you b-r, it was you that knocked me down; I said, no, it was not; upon which they went away.

Q. What sort of a night was it? - A. It was a beautiful moonlight morning.

Q. How long might this transaction take in all? A. Several minutes.

Q. Had you ever seen them before? - A. No, not to my knowledge.

Q. Are you sure those are the same men? - A. I am confident they are; I saw them again on the 5th of May, I think; my father-in-law gave information at Bow-street; I did not intend to give any information about it.

Q. Now, look at the men? - A. I am positive they are the men that robbed me and my brother.

Q. Was the transaction long enough for you to observe their faces? - A. Yes; when I saw Merritt at Bow-street, he had my hat in his hand; there was nothing else found.

HENRY WILLIAMS sworn. - I was with my brother, coming from the Circus: On the 22d of April, about a quarter before one in the morning, I saw three soldiers before us; one of them knocked me down with a bludgeon; I cannot say which; I was so suddenly surprized, I cannot say whether the prisoners are two of the men or not; they were with us three or four minutes.

JOSEPH CRIDLAND sworn. - I am one of the patrole belonging to Bow-street: I apprehended the prisoners on the 4th of May, about ten minutes before twelve at night, in the King's private road; William Williams and John Austin were with me; I asked Kenton where he was going; he said he was going to Chelsea to see some comrados. and, at the same time, I observed this bludgeon under his arm (producing it): I asked him where he got it, and he said he had picked it up; upon that we took them to the watch-house; the next day, at the office, I took this hat from Merritt(Producing it.)

WILLIAM WILLIAMS sworn. - I am one of the Bow-street patrole; I know no more than Cridland has related.

JOHN AUSTIN sworn. - I was with Cridland and Williams; I know no more.(The hat was identified by the prosecutor.)

ROBERT JONES sworn. - I am the conductor of that party of patrole; I was on the same road, but I was before them; they were in custody before I saw them.

Henton's defence. I never saw Mr. Williams in my life, till I saw him at Bow-street.

Merritt's defence. I never saw this gentleman in my life, till I saw him at Bow-street.

Henton, GUILTY , Death , aged 20.

Merritt, GUILTY , Death , aged 28.

Second Middlesex Jury, before Mr. Justice Grose.

437. ELIZABETH BRAINE was indicted for feloniously stealing, on the 1st of May , six yards and three quarters of muslin, value 24s. the property of George Todd , privately in his shop .

GEORGE TODD sworn. - I keep a linen draper's shop in the Strand : The prisoner at the bar came, to our shop, on the 3d of May, between six and seven in the evening, with her aunt, Mrs. Rackstraw; they bought a pair of stockings; the prisoner bought a half-shawl; she then requested to look at another; I observed her shuffling, as if she was endeavouring to cover something up; I refused to shew her any thing more; I looked for some muslin, which I missed; I was very much agitated, and desired the servant-maid to go to my neighbour, Mr. Trim, and desire him to walk in; Mr. Trim came in; I went through the flap of the counter, to see if it was on the ground; it was not there; I then laid hold of the prisoner, and walked her about six or seven yards down the shop, towards Mr. Trim, when she pulled the muslin out of her pocket, laid it on the counter, and said she never had it; I then went for the beadle, and she was taken into custody.

Cross-examined by Mr. Knapp. Q. Have you no partner? - A. No.

Q. The prisoner had frequently bought things at your shop? - A. I believe twice before.

Q. Does any body else serve in the shop? - A. Yes, Isaac Thomas; he is not here.

AARON TRIM sworn. - I was sent for to Mr. Todd's; Mr. Todd charged the prisoner with having something that did not belong to her; she then pulled the muslin out of her pocket; she appeared to be under some trepidation.

Prisoner's defence. I went into Mr. Todd's shop, with my aunt; I bought a pair of stockings, and asked to look at a shawl; Mr Todd then said he had lost a piece of muslin, and I had got it; I looked down, and saw it upon the ground; I picked it up and gave it to him.

The prisoner called her mistress (who deposed, that she had paid her her wages on that day, and that she went out for the purpose of purchasing some articles of wearing-apparel), and four other witnesses, who gave her a good character.

NOT GUILTY .

Second Middlesex Jury, before Mr. Baron Graham .

438. PETER CARRONS was indicted for feloniously stealing, on the 24th of May , two yards and one-half of calico, value 3s. 6d. the property of James Oldroyd , Richard Masheter , and Richard Watson .

GEORGE GROSS sworn. - I am clerk to James Oldroyd , Richard Masheter, and Richard Watson : The prisoner came to our shop; I was sitting at the desk; the prisoner did not see me; he cast his eyes round the shop, and lifted up his hand, as if he was going to take some goods, when I called tohim, the moment I called to him, he took hold of two pieces of calico, and ran out of the shop; I pursued him; he ran against a boy, which knocked him down; I then secured him with one hand, and the calico with the other; it has our private mark upon it. - (Produces it)

Prisoner's defence. Two boys ran against me, and knocked me down; one of them dropped a piece of calico close by me, and this gentleman came and took me up. GUILTY , aged 12.

Confined six months in the House of Correction , and whipped in the jail .

Second Middlesex Jury, before Mr. Justice Grose.

439. WILLIAM FRANCIS was indicted for feloniously stealing, on the 16th of May , a great coat, value 6s. the property of George Barham .

GEORGE BARHAM sworn. - I am footman to Mrs. Wlhtaker: On Sunday evening, the 16th of May, about half-past ten o'clock in the evening, I was out with the carriage; my great coat was in the carriage; we were standing at a public-house door; I had information my coat was gone; the prisoner and two more had been having a glass of liquor at the bar; suspicion fell upon him; we went into the first court in Piccadilly, from Bond-street, and found him, with my coat lying by the side of him; I immediately charged the watch with him; the prisoner is an occasional waterman to coaches.

- FLETCHER sworn. - I keep a public house: The prisoner and two more had had a glass of liquor; I went up a court in Piccadilly, and saw the prisoner stooping down; I picked up the coat close to him.

Prisoner's defence. I know nothing of the coat; I had had some water thrown over me, and I went up the court and pulled off my coat; I did not see the other coat; it was a very dark night.

NOT GUILTY .

Second Middlesex Jury, before Mr. Baron Graham .

440. GEORGE SCHOLER and WILLIAM LEFEVRE , were indicted for feloniously stealing, on the 5th of May , a box, value 6d. three hundred and sixty penny-pieces, thirty shillings, and one thousand six hundred and eighty halfpence , the property of Mark Currie .

Second Court. Charging them to be the property of John Clarke .(The case was opened by Mr. Raine.)

JOHN CLARKE sworn. - I am carman to Mr. Currie; I received a great quantity of halfpence from a public-house, in Bethnal-green; I put them into a box in the cart, and when I got into Wentworth-street, I was stopped by a scavenger's cart; a man came up to me, I cannot say who, and asked me, if I was going into Mr. Brown's, I said, no; I turned my head almost immediately and saw thde rail board of the cart let down, and the box gone; I saw the box again in Susannah Wright 's room, in George yard, which comes up into Wentworth-street; I had the key in my pocket, it contained five pounds worth of copper in penny-pieces, old halfpence, and new halfpence.

ANN JENK sworn. - I live at No. 4, George-street, Spiralfields; on Wednesday the 5th of May, I saw the prisoner Scholer lift his hand over the cart, he could not reach the box out of the cart; he then let the tail board down, and lifted it out, he carried it towards George-yard; I did not see the other man.

SUSANNAH WRIGHT sworn. - I live at No. 19, George-yard; on Wednesday afternoon, the 5th of May, the prisoner Lesevre came to my house between two and three o'clock in the afternoon; I was washing a few things, and a woman that was with me, heard somebody on the stairs; I opened the room door and saw Lesevre upon the landingplace with a box; he asked me to let him leave it about five or ten minutes, I told him he might and welcome; I asked him if he was one of the young men that was going to sea the next morning, and he said, yes; the box was put in the room up one pair of stairs, he went down stairs, and I saw no more of him.

JOSEPH SPARROW sworn. - I live at No. 21, George-yard; on Wednesday the 5th of May, between two and three o'clock, I found the box upon the landing place up two pair of stairs, at No. 19.

Q. (To Wright.) Who removed the box up two pair of stairs? - A. I cannot say.( Richard Osman , the officer; produced the box, which was identified by Clarke.)

Scholer's defence. Mrs. Jenks is a very bad falseswearing woman, she was tried two or three Sessions ago, for a watch, she keeps a disorderly house; she will swear any man's life away for the sake of the reward.

Lesevre's defence. I never was near the house, nor yet in the street till Sunday, when I was apprehended.

Scholer, GUILTY , aged 20.

Lefevre, GUILTY , aged 27.

Transported for seven years .

Second Middlesex Jury, before Mr. Justice Grose.

441. CATHERINE MULBY was indicted for feloniously stealing, on the 7th of May , a beech chair, value 2s. the property of William Parker .

CHARLES PARKER sworn. - I live with my father, who is a broker , in Crispin-street, Spitalfields : On the 7th of May, between six and seven o'clock in the evening, I saw the prisoner take a beech chair, and put the back of it under her cloak, she carried it into West-street, about twenty yards from my father's, I followed her, and took it fromher, several men came up, and pulled the woman away from me; I took the chair home, and I followed her into Union-street; then I met my father, I told him the woman had taken the chair, and he sent my brother for a constable.( William Parker corroborated the testimony of his brother.)

WILLIAM PARKER , senior, sworn. - I am a broker, in Crispin-street; I met my sons, the chair was then at my house (The chair was pro duced and identified by the prosecutor.)

Prisoner's defence. I was going for a pennyworth of potatos to Spitalfields-market, and I had nearly fell over the chair at the corner of the street; I took it up and put it on one side.

GUILTY, aged 50.

Of stealing goods to the value of 1s.

Confined three months in Newgate , and whipped in the jail .

Second Middlesex Jury, before Mr. Baron Graham.

442. JONATHAN BOOTHMAN , alias GEORGE RHODE was indicted for feloniously stealing, on the 10th of May , a boat, value 8l. the property of Thomas Knight .

THOMAS KNIGHT sworn. - On the 10th of May, a quarter before nine in the evening, I stowed my boat at our junk chain, where we fasten them for the night; the prisoner gave me a cast on shore that very night, the next morning the boat was gone, I could not hear any thing of her, till the 15th of May following, when I found her at the Thames Police-office, Wapping, disfigured; I knew her to be my boat; I had hired the boat of Mr. Hodges from February the 22d, up to Christmas next, I was to pay him three shillings per week.

ABRAHAM HODGES sworn. - I let Thomas Knight a wherry-boat, on the 22d of February; I saw the same boat afterwards at the Policeoffice; I built her, and marked her with this marking-iron, five of the marks were punched in her bottom, and four in her keel; I am sure she is the same boat.

WILLIAM MASSINGHAM sworn. - I was at work, repairing the boat for the prisoner, when the officers came and took it away.

WILLIAM MAPHAM sworn. - I apprehended the prisoner at his lodgings in Old Gravel-lane; I found the boat upon some timbers, a little beyond New Crane-stairs, Mr. Hodge's name is branded on the bottom of the keel.

Prisoner's defence. I bought the boat of a quartermaster, who was in the service with me last war, he is gone to sea again.

GUILTY , aged 59.

Transported for seven years .

Second Middlesex Jury, before Mr. Justice Grose.

443. WILLIAM DONNELLAN was indicted for feloniously stealing, on the lst of May , 186lb. weight of lead, value 30s. the property of Mary Rankin , widow , John Rankin , and Benjamin Hall .

Second Count. Charging it to be the property of certain persons to the Jurors unknown.

There not being sufficient evidence to bring the charge home to the prisoner, be was ACQUITTED .

Second Middlesex Jury, before Mr. Baron Graham .

444. BRIDGET CHALKER was indicted for feloniously stealing, on the 26th of January , a bolster, value 3s. two sheets, value 4s. and a quilt, value 5s. the property of Ann Tape , widow , in a lodging-room in her dwelling-house, let by contract to her, and to be used with the lodging .

ANN TAPE sworn. - I am a widow, I live in King's-street, Mile-end New-town , the prisoner came to lodge with me just after Bow-fair, in the last year, and left my lodgings about three months ago, she was gone a fortnight before I knew it; I had the door opened, and missed the articles mentioned in the indictment; I found these duplicates in the room, (producing them;) I did not find the prisoner till about a fortnight ago.

BRIDGMAN MATTHEWS sworn. - I am servant to Mr. Burton, a pawnbroker; the prisoner used frequently to come to our shop, (produces a sheet;) Mrs. Burton took this in, she is not here; I took in this bolster of the prisoner, (produces it;) I sent her three shillings upon it; I cannot swear it was the prisoner, it was pledged in the name of Mary Chalker . (The property was identified by the prosecutrix.)

The prisoner called one witness, who gave her a good character. NOT GUILTY .

Second Middlesex Jury before Mr. Baron Graham .

445. JOSEPH TURNER was indicted for breaking and entering the dwelling-house of Robert Thomas , between the hours of eight and nine in the evening of the 13th of May , and burglariously stealing five yards of lace, value 3l. 3s. the property of the said Robert.

THOMAS WEATHERHEAD sworn. - I am assistant to Mr. Thomas, haberdasher , No. 193, Fleet-street, the corner of Chancery-lane : on Wednesday the 12th of May, about dusk, the shop window was broke.

Q. Was it dark? - A. The candles were lit.

Q. Could you discover the features of a person at the shop-door, without the assistance of any light? - A. Yes, there was an alarm given, that the window was broke, and some lace stolen; I immediately ran into the street, and saw Mr. Wells come in with a quantity of lace in his hand, andpointed out the prisoner as the boy who had done it; the prisoner was at that time in custody; I delivered the lace to the constable.

Q. Would you give three guineas for this lace? - A. Yes, it has Mr. Thomas's private mark upon it.

BENJAMIN WELLS sworn. - I was passing the end of Chancery-lane, about five minutes after eight in the evening, and saw a lad, as I conceived, mending Mr. Thomas's window, I thought it was a glazier's servant; I passed him, and then it occurred to me that it was an extraordinary thing that he should be mending a window at that time of night; I turned my head again, and observed the prisoner at the bar drawing something throught a hole in the window, which turned out to be lace; he drew it through the window with both hands pretty rapid; I said, you young scoundrel, what are you doing? upon which he ran away; I ran after him, and a few yards beyond the end of Chancery-lane, he was taken by a person who is not here; I came back, took the lace up, and delivered it to the constable, the window that was broke was eight or ten yards up Chancery-lane; there was only a part of the lace out at the window, the card still remained in the window.

Q. (To Weatherhead.) How far was this lace from the window? - A. A yard or more; the square of glass had been broke before, but had been made perfectly secure with putty; the glass was not broke, but the cracked part was shoved in a little way, so that they could get hold of the end of the lace.( Alexander Auld , a constable produced the lace, which was identified by Mr. Thomas)

Prisoner's defence. I was sent by my mother of an errand to Tooley-street, and as I came through Temple-bar, there was a cry of stop thief; I saw a great many boys running; I ran with them, and then this gentleman said I was a thief, and took me back to the shop. GUILTY, aged 11.

Of stealing goods, to the value of 39s. but not of breaking and entering the dwelling-house .

Transported for seven years .

London Jury, before Mr. Recorder.

446. JOHN OVEREE and THOMAS COX were indicted for feloniously stealing, on the 7th of May , two window-curtains, value 30s. the property of Archibald-Kennedy Malcolm .

ARCHIBALD-KENNEDY MALCOLM sworn. - I am a carpenter and broker : On Friday, the 7th of May, I lost two window-curtains from my shop, I know nothing of it myself.

ROBERT HARLOW sworn. - I am a broker; on the 7th of May, I saw the two prisoners standing against the side door of Mr. Clarke's, an oilman, next to Mr. Malcolm's, looking at the curtains; I afterwards saw Overee come past me with the curtains under his arm, he went across, towards the Curtain-road, and I followed him; I stopped him, and delivered him and the curtains to the officer; Cok made his escape, he was taken a day or two afterwards.(Peter Mason, an officer, produced the curtains, which were identified by the prosecutor.)

Overee's defence. A man gave me three-pence to carry them into the Curtain-road.

Cox's defence. I know nothing of this boy, I was going along about my business.

Q. (To Harlow.) Q. Was there any conversation between them? - A. Yes; Cox had his hand upon them, looking at them.

The prisoner Overee called three witnesses, who gave him a good character.

Overee, GUILTY , aged 11.

Confined six months in the House of Correction , and whipped in the jail .

Cox, GUILTY , aged 14.

Confined twelve months in the House of Correction , and publicly whipped .

First Middlesex Jury, before Mr. Recorder

447. THOMAS BURBURY was indicted for feloniously stealing, on the 15th of May , twenty yards of linen cloth, value 20s. a piece of nankeen, value 5s. two yards of calico, value 2s. and a calico wrapper, value 2s. the property of Thomas Clarke , and Thomas Boyd .(The case was opened by Mr. Gurney.)

THOMAS BOYD sworn. - I am in partnership with Thomas Clarke , linen-draper , in High-Holborn; the prisoner had been our porter about two months: On Saturday, the 15th of May, I taxed him with offering a piece of linen for sale, in the Borough, the Sunday before; he denied it; I told him all the circumstances under which he had offered it, and Mr. Clarke then said, he would send for a constable, and went down stairs; the prisoner went with me to the warehouse, and said, if it had not been for one d-d rogue, that never would have happened.

Q. What did you understand by that? - A. Being taxed with stealing the cloth, he then said, he had taken a piece of Irish cloth from the lower warehouse, we were then in the upper warehouse; he said the mark was D. Y. and that he had carried it to his brother's, he said, that was all he had taken; we then sent for a constable, and I went to his brother's house, there I found a piece of nankeen, a remnant of white calico, and a calico wrapper; I knew them to be our property.

Cross-examined by Mr. Knowlys. Q. I believe you had a very excellent character with the prisoner? - A. I never had a better character with any servant.

Q. Do you know if his friends are respectable? - A. I believe they are.(Edward Crocker, an officer, produced the property, which was identified by the prosecutor.)

The prisoner left his defence to his Counsel, and called four witnesses, who gave him a good character.

GUILTY , aged 21.

Transported for seven years .

First Middlesex Jury, before Mr. Recorder.

448. JAMES SHEAN was indicted for feloniously stealing, on the 2d of June , a hat, value 5s. the property of Edward Shepherd .

EDWARD SHEPHERD sworn. - I am a hatter , No. 15, Lower East Smithfield : On the 2d of June, in consequence of information, I pursued the prisoner, and took him with my hat on his head; I brought him back to the shop; I know the hat to be my property, it hung upon the rail outside the shop.

Prisoner's defence. I was very much in liquor.

NOT GUILTY .

First Middlesex Jury, before Mr. Justice Grose.

449. STEPHEN OLANDER was indicted for making an assault on the King's highway, upon Robert Wright , on the 30th of April , putting him in fear, and taking from his person a snuff-box, value 1d. a shilling, 18 penny pieces, and 12 halfpence , the property of the said Robert Wright.(The prisoner being a foreigner, he was tried by a Jury of half foreigners.)

John Nunn , Edward Freere ,

John Holt Saffle , John Bone ,

James Newton , Thomas Rawlins ,

Francis Sahun , Henry Welmer ,

Robert Grierson , William Lonsdale ,

Henry Hesker , Nicholas Techimond .

ROBERT WRIGHT sworn. - I am tide-waiter in the Customs : On the 30th of April, between ten and eleven o'clock at night, the prisoner came up to me on Tower-hill, and asked me if I would shew him the way to St. Catherine's-lane; he said he was an entire stranger.

Q. Did he ask you in pretty good English? - A. Tolerably well for a foreigner; I said I would shew him; I went with him till we came to a street they call Cats-hole , and when we got into the middle of the street, all of a sudden he knocked me down three times with his fist; he took my feet from me behind; after he had done this, I called out watch eight or ten times, I believe watch and murder; he then put his hand upon my mouth, and fixed his nails in my face, his other hand was employed at both my right and left hand waistcoat pockets; while he was doing that, a woman came forward with a candle in her hand, close up to him; I did not hear a word that passed between them, but she staid a few minutes close to him; I was upon the gound all the while, almost choaked; then I called out murder, again, as well as I could, and then the woman withdrew, and the watchman came up; the prisoner had turned out my pockets, but I was scarcely sensible, so that I did not examine; they were both empty; I had, to the best of my knowledge, in silver, penny pieces, and halfpence, to the amount of about three shillings; I am perfectly sure I had some silver; I had got the money that day; I am quite sure I had none when the watchman came to me; there was some money, found by the watchman, upon the place where I laid, but I did not see him pick it up; I was bleeding at my mouth; my arms were both cut with the fall.

Q. Where had you been supping that night? - A. At the Queen's-head, Tower-street; Mr. Dawson, another officer, and myself had drank a pot of beer a piece.

Q. Had you any thing for supper? - A. We had a morsel of bread and cheese for dinner and supper; we cannot afford suppers.

Q. Is Mr. Dawson here? - A. No, he is upon duty; I did not ask him to come here.

Q. Are you quite clear you were sober that night? - A. Perfectly sober; I told the watchman to take charge of him, for he had knocked me down and was going to murder me.

Prisoner. That man fell down, and I came up to help him.

Q. Is that true? - A. No; it is not.

Prisoner. Q. Did you not ask me and a soldier to go and drink some gin? - A. No; I saw no soldier; I saw no person but the woman and the watchman.

DAVID SPITTLE sworn. - I am a watchman in St. Catherine's parish, Tower-hill: On the 18th of April, after I had cried the hour of eleven o'clock, I heard a voice cry out murder, watch! murder, watch! I immediately went towards the place, again, and heard the same words repeated with a shrill voice; I went round the corner and caught the prisoner and this old gentleman down flat upon his back, across the kennel; when I saw that, I took hold of the prisoner's collar and hauled him away; as soon as the old gentleman found I had got hold of him, he said, watchman, I give you charge of that man, for he had knocked me down three times, and robbed me; the prisoner immediately said, watchman, he is my comrade; he is very drunk, and I want to get him up.

Q. Did he say that in pretty good English? - A. Yes; then another watchman came up, and I desired him to list the old gentleman up, for he could not get up himself; we took them both to the watch-house, and delivered them up to the officer of the night, who searched the prisoner, and found upon him, in my presence, fourteen pence halfpenny; the officer of the night desired me to goand see if I could find any thing near the spot; I went, and found two single halfpence, one lying in one place, and the other in another; I dare say it was half past eleven o'clock before I took him to the watch-house.

Q. Did he appear to you at all to be drunk? - A. He appeared to be very much frightened; but when we got him to the watch-house, he was very steady; indeed he did not appear to be at all in liquor.

Q. (To Wright.) The prisoner says you were his comrade; had you ever seen him before? - A. I declare to God I never saw him before to my knowledge.

Q. Your duty is not on the river, is it? - A. Yes.

Q. Did you ever see him on board of any ship in the river? - A. Never.

Q. (To Spittle.) Look at the prisoner, and tell me if you are sure that is the man? - A. I am sure he is the man.

Q. Had you ever seen him before that night? - A. No.

Prisoner's defence. All this man says is false; he was very sick, and vomited; he fell down, and I was helping him up when he desired the watchman to take me up. GUILTY Death , aged 27.

First Middlesex Jury, before Mr. Baron Graham.

450. ANN BOWEN was indicted for feloniously stealing, on the 13th of May , a coat, value 3l. the property of George Howell .

GEORGE HOWELL sworn. - On the 13th of May, about three o'clock in the evening, I took off my coat in Gardiner's-lane, York-street , two serjeants were having a dispute; I put the coat upon the step of No. 8; I saw the prisoner take it, but did not think she was going to steal it; when the dispute was ended, I went to look for the woman, and she was gone; I found her near the Blue Anchor; I asked her for the coat, and she said she had given it to a soldier of the first regiment; I gave her into the custody of an officer.(John Hobbs, an officer, produced the coat, and deposed that he received it from the prisoner, at her lodgings.)(The coat was identified by the prosecutor.)

Prisoner's defence. I was going of an errand; I saw a crowd of people fighting; a drummer threw the coat out to me, and desired me to take care of it. GUILTY , aged 50.

One month in Newgate , and whipped in jail .

First Middlesex Jury, before Mr. Justice Grose.

451. JOHN DAVIS was indicted for feloniously stealing, on the 26th of May , 6lb. of bacon, value 1s. 6d. the property of Thomas Rogers .

THOMAS ROGERS sworn. - I live at Cock-hill, Ratcliff , and keep a grocer's and cheesemonger's shop : On the 26th of May last, the prisoner came in about a quarter before ten in the evening; I was in the back parlour; I saw him take a piece of bacon off a stool in the shop; I pursued him and took him with it upon him.

Prisoner's defence. I never had the bacon at all, it laid down at the door.

GUILTY .

Transported for seven years .

First Middlesex Jury, before Mr. Baron Graham.

452. JAMES JONES was indicted for feloniously stealing, on the 22d of May , a hat, value 1s. 6d. the property of John Hobbs .

The prosecutor being in a state of intoxication at the time he lost his hat, and having, before the Magistrate, charged two women with the offence, the prisoner was ACQUITTED .

First Middlesex Jury, before Mr. Justice Grose.

453. ELIZA NASH was indicted for feloniously stealing, on the 18th of May , a great coat, value 12s. the property of Thomas Moore , privately in his shop .

JOHN SAUNDERS sworn. - I am shopman to Thomas Moore: On the 18th of May, about a quarter after eight, the prisoner came into the shop with a man, to buy a pair of shoes; William Rumbold, the apprentice, served her with the shoes, for which she was to give three shillings; the prisoner pretended she had lost one shilling; she left one shilling, and said she would come again for the shoes; she then produced sixpence more in halfpence, which I gave to the apprentice; while he was looking at it, she went out of the shop, and left the man in it; there were a great number of shoes near the door; and, in consequence of a fire in the neighbourhood, I ordered the lad to take the shoes in; I then observed the prisoner outside the shop, leaning upon the window; I desired the boy to keep an eye upon her; a neighbour then came into the shop, and said, Saunders, come here, and look at this woman's petticoats; upon which I looked at her, and observed a great coat, which I took from under her petticoats; she said it was none of our coat; she clapped her hand upon her knees, and said, I should not take it from her, for it was none of our coat; the man absconded; I sent for an officer, and delivered up the coat and the prisoner; the great coat had been hanging outside the door before the alarm of fire.(Thomas Hubbard, a headoorough, produced the great coat, which was identified by Saunders.

Prisoner's defence. I picked it up at some distance from this man's house; it was lying upon the ground. GUILTY, aged 38.

Of stealing the coat, but not privately in the shop .

Confined six months in the House of Correction .

First Middlesex Jury, before Mr. Baron Graham.

454. ELIZABETH SMITH, alias PRITCHARD , was indicted for feloniously stealing, on the 24th of May , ten muslin handkerchiefs, value 14s. the property of Richard Taylor , privately in his shop .

JAMES WILSON sworn. - I am servant to Mr. Richard Taylor, linen-draper , at Whitehall : On the 24th of May, the prisoner came to our shop, between one and two o'clock, and asked for some linen; the handkerchiefs that were missing, were under the linen that I shewed her; there were several people in the shop who are not here.

JOHN TURNER sworn. - I was sent for to Messrs. Girder's and Slaughter's, in St. Martin's-lane, to take the prisoner into custody, for stealing some bacon; when I got there they had taken the bacon from her, and the muslin, which I now produce; the shopman delivered the muslin into my custody; she told me she had it for tambour work, from No. 11, Cheapside; I went with her as far as the New Church, and then she said she had not it from there, but if I would let her have a pint of beer, she would tell me where she had it from; I let her have a pint of beer, and then she took me to Mr. Taylor's shop.

WILLIAM WALDRON sworn. - I live at Girder and Slaughter's, in St. Martin's-lane: On the 24th of May, the prisoner came in: I asked her what she was looking for; she made me no reply; in consequence of information, I took some bacon from under her apron; and, in feeling for the bacon, I discovered a piece of muslin; I took it from the prisoner, and detained her.(The muslin was identified by Wilson.)

Prisoner's defence. I found the muslin on the ground. GUILTY, aged 49.

Of stealing the goods, but not privately, in the shop .

Confined one year in the House of Correction .

First Middlesex Jury, before Mr. Justice Grose.

455. WILLIAM PATTEN was indicted for feloniously stealing, on the 23d of May , three garden-pots, value 1s. 6d. and three plants, value 1s. 6d. the property of James Cockran and Thomas Jenkins .

There not being sufficient evidence of identity, the prisoner was ACQUITTED .

First Middlesex Jury, before Mr. Baron Graham.

456. JOHN TEGGATT and JAMES DEGRANGES were indicted for feloniously stealing, on the 18th of May , six silk handkerchiefs, value 6s. the property of Harry Baker , privately in his shop .

HARRY BAKER sworn. - I am a linen-draper , No. 12, Pall-Mall : On the 18th of May, the two prisoners came into my shop, about ten o'clock, to buy some handkerchiefs; I have two young men who serve in the shop, but they were not there at that time; I took the prisoners to be a couple of grooms; they wanted a silk handkerchief; I took some handkerchiefs out of a drawer; they wanted a particular pattern; I was looking in the drawer, at the bottom of the counter, for the sort of handkerchief they described, but could not find it; I suppose the whole time they were in the shop, was not five minutes; Teggatt went out first, and the other expressed himself with more politeness than I could have expected from such a lad; he made apologies for giving me so much trouble, and went away; the moment after both were gone, I missed a piece of silk handkerchiefs, which I had had the instant before upon the counter before me; I went out into Cockfour-street, but could not see any thing of them; in the evening of the same day, one of the Bow-street officers came in to enquire I I had lost any handkerchiefs: I am quite sure the prisoners are the boys.

Q. During the whole time the boys were in the shop, was there any other person whatever in the shop? - A. There was not.

EDWARD CROCKER sworn. - I am an officer: On the 18th of May, I was going down the Strand with Mr. Gibbs, about half-past ten o'clock in the morning; we were following three other boys, when I observed the two prisoners behind a hackney-coach, coming from Charing cross towards Temple-bar; I observed Degranges had something under his coat; he jumped down and ran after one of those boys that we were following; they were going towards Charging-cross; the other prisoner jumped down likewise, and was following him, till he turned his head round and saw me; then he immediately ran away and made his escape; Teggatt stopped about half a minute with one of those boys; when he turned round from the boy, I laid hold of him; he immediately unbottoned his coat, and from he coat dropped this piece of handkerchiefs; Mr. Gibbs picked it up, and gave it to me; I have had it in my custody ever since (produces it); Degranges was taken last week; I had seen them both before frequently.

- GIBBS sworn. - I am a Bow-street officer: On Wednesday, the 18th of May, about half-past ten o'clock, I saw Crocker apprehend Teggatt; I did not see Degranges at all; I went to Crocker's assistance, and picked up the handkerchiefs from his feet; I delivered them to Crocker at the Office.

Q. (To Mr. Baker.) Can you speak with certainly to those handkerchiefs being your's? - A. It is a very particular pattern, and I have the duplicate of them (produces the fellow-piece); they were printed for me.

Q. What is the value of them? - A. I valued them before the Magistrate at five shillings; they are worth thirty shillings.

Teggatt's defence. I never saw any thing of the handkerchiefs at all.

Degrange's defence. I know nothing of it; I was taken out of bed at my father's, without knowing what I was taken for.

Teggatt, GUILTY , Death , aged 15.

Degranges, GUILTY , Death , aged 16.

First Middlesex Jury, before Mr. Baron Graham.

457. JOHN ANDERSON and JOHN BOLTON were indicted for feloniously stealing, on the 19th of May, two rough sheaves, value 2s. three iron gouges, value 3s. a turning-chissel, value 1s. 6d. a whimble-stock, value 3d. a chissel, value 6d. and two block gouges, value 1s. 6d. the property of William Seaborne .

There not being sufficient evidence to bring the charge home to the prisoners, they were ACQUITTED .

First Middlesex Jury, before Mr. Justice Grose.

458. TIMOTHY CALLAGHAN was indicted for feloniously stealing, on the 26th of May , a double iron pump-handle, value 1s. 6d. an iron pump-guard, value 1s. and a garden-hoe, value 6d. the property of William Fraser .

The prisoner pleaded

GUILTY .

Whipped in the Jail , and discharged.

First Middlesex Jury, before Mr. Justice Grose.

459. JOHN WEBB was indicted for feloniously stealing, on the 24th of April , a bird-cage, value 5s. the property of John James .

JOHN JAMES sworn. - I keep a green-grocer's shop , at No. 14, Earl-street, Seven Dials , and, in my spare time, I make bird-cages : On the 24th of February last, I missed a cage, which was hanging at the door, and which I never saw again, till I saw it at Bow-street.

EDWARD CROCKER sworn. - I am one of the Bow-street Patrole: On Wednesday evening, the 24th of April, as I was going up King-street, Seven Dials, I observed three boys standing in the door-way of a public house, with something in a bag, and I observed the prisoner walking away from the public-house with the bag; I crossed over, laid hold of him, and asked him what he had got there; he said he did not know; he had picked it up on the edge of the curb-stone; on examining it, I found it to be this cage (producing it), with a bird in it; I took him to Bow-street, and the prosecutor attended.(The cage identified by the prosecutor.)

Prisoner's defence. I was coming along, and I found it on the side of the pavement.

GUILTY , aged 14.

Whipped in jail , and discharged.

First Middlesex Jury, before Mr. Recorder.

460. JAMES KNOWLAND was indicted for that he, having been at the General Quarter-Sessions of the Peace, holden for the Country of Middlesex, on the 7th of July, in the fortieth year of his Majesty's reign, convicted of unlawfully uttering a piece of false and counterfeit money, made of the likeness of a good shilling, as and for a good shilling, and knowing the same to be false and counterfeit; and for that he, when he did so utter it, had about him, in his custody and possession, another piece of counterfeit money, made to the likeness and similitude of a shilling, knowing it to be false and counterfeit; that he was thereof convicted, and was sentenced to be imprisoned in the New Prison, Clerkenwell, for one year, and to find sureties for his good behaviour for two years; and that he having been so convicted as a common utterer of false money afterwards, to wit, on the 2d day of March last, one piece of false and counterfeit money, made to the likeness of a good shilling, as and for a good shilling, and unlawfully, unjustly, and feloniously did utter to Mary, the wife of James Arnott , he knowing the same to be false and counterfeit .

Second Count. For the like offence, but not stating he had been before convicted, as being a common utterer.(The case was opened by Mr. Vaillant.)

Mr. CALEB- EDWARD POWELL sworn. - Examined by Mr. Vaillant. Q. Have you a copy of the record of the former conviction of the prisoner? - A. I have, which I copied and examined.(The copy of the conviction read.)

THOMAS ROBERTS sworn. - Examined by Mr. Vaillant. Q. You are deputy-keeper of the New Prison, Clerkenwell? - A. Yes; I know the prisoner, and am sure he is the person who is named in that record.

MARY ARNOTT sworn. - Examined by Mr. Vaillant. Q. Where do you live? - A. At No. 5, Chapel-street, Whitechapel; my husband's name is James Arnott; he sells milk, and I sell leg of beef: On the 2d of March, the prisoner came into our house, between twelve and one, and asked if I sold cheese; I said no, but I had some hot leg of beef; he asked me for two-pennyworth, and a pennyworth of bread; he laid down a shilling, which my little girl, about eleven years old, took up and bit with her teeth, and said it was a good one; I went into the other room, where I had eighteen-pence in half-pence, and gave the prisoner nine-pence; I turned my head round, and saw several people at the door; I went out to the door, and Mr. Staggs told me I had taken a bad shilling; I told him I did not think it was a bad one; I had put it along with other silver, and could not find it; that I had taken it for a good one, and as such I must try to pass it; when I went into the other from, the shilling lay along with the halfpence, onthe drawers; no other shilling was there; I gave it to Mr. Stagg, and he stamped it; this is the shilling (looking at one); here is the mark of my girl's teeth; the prisoner set eating his dinner, and I said, master, people say you have given me a bad shilling; upon which he got up immediately, and left his leg of beef and bread on the table; as he went out, Mr. Stagg secured him; he had not eat all his beef; Mr. Stagg asked him for his bad money; he said he had no bad money, but produced some shillings that were good; how many I cannot say; Stagg said he did not want the good money, but the bad; then the prisoner put his hand into his coat-pocket, and produced nine bad ones; they then took him to a public-house; I examined the shilling when he gave it me first.

WILLIAM STAGG sworn. - Examined by Mr. Vaillant. Q. Where do you live? - A. No. 30, New Montague-street, Spital-fields.

Q. What is your business? - A. I am a cordwainer, and keep a chandler's shop: On the 2d of March, the prisoner came in for some bread; whilst I was getting it, my wife looked up, and said, William, look at that man's money; that is the man that gave us the bad shilling this day week; the prisoner heard her; the shilling then on the counter proved to be a bad one; and I told him, you villain, are you not ashamed to come a second time with bad money to my shop; he took the shilling and went out, swearing it was a good one; I followed him to a butter-shop, opposite Trueman's brewhouse, where he tendered the shilling, which was refused; I then followed him to a butcher's-shop, where he tendered the shilling for some steaks, and it was refused; I followed him to Church-street, Mile-end New Town, where he went in for a red-herring; there the shilling was refused; and he then went into Mrs. Arnott's shop for leg of beef; I saw him tender the shilling, and saw her give him the change; whilst he was eating the beef, I beckoned Mrs. Arnott out, to come to the door, and said, I doubt you have taken a bad shilling; she said, why do you think so; I said, I think he is one of the people they call smashers, a name they give the people that put bad money off; says I, take care of the shilling, and, as soon as he comes out, I will take him into custody; when he came out, I collared him, and said, you villain, give me what bad money you have about you; he said he had none; he put his hand into his waistcoat pocket, and gave me eight good shillings; I told him I did not want his good shillings, but his bad ones; he then put his hand into his jacket-pocket, and gave me eight bad ones; I said, you have more; says he, I have not; said I, come along with me, and I took him to the public-house and sent for an officer; on searching him we found one more, which I have, and it is marked separately from the first eight.

JOHN HARRIS sworn. - I marked this shilling, which I know to be the same.

SAMUEL MENCELIN sworn. - I am one of the moniers of the Mint; these nine shillings are bad.

Prisoner's defence. My Lord and Gentlemen of the Jury; I am a poor working man; I went into that woman's shop, and gave her a shilling to take for the beef and pennyworth of bread; she and her daughter both acknowledged it to be a good shilling; when the man asked her to produce the shilling, she said she could not; how is it possible she could swear to a shilling she had put among forty more; when I came out the man stopped me, and I gave him eighteen shillings; another man said, mind what you are about; then I was taken to a public-house, where I was detained a full hour, till such time as the woman thought proper to send a shilling; she gave it to a man at her own door, who handed it over to another, to bring it to the public-house; and, after all, she had the baseness to swear to a shilling, and that I was never out of her sight the whole time.

GUILTY , Death , aged 50.

First Middlesex Jury, before Mr. Justice Grose.

461. JOSEPH MARTIN , otherwise JOHN SHEPPARD , was indicted for breaking and entering the dwelling-house of Samuel Brown , no person being therein, about the hour of nine in the morning of the 26th of May , and feloniously stealing therein a sack, value 1s. a pair of breeches, value 2s. a waistcoat, value 1s. 6d. a boy's coat, value 6s. a waistcoat, value 4s. one shift, value 2s. a gown, value 6s. a pair of shoes, value 3s. a petticoat, value 3s. a broom, value 1s. two pair of stockings, value 4s. and a handkerchief, value 1s. the property of the said Samuel Brown.

SAMUEL BROWN sworn. - I keep a house at South Mims : On the 26th of May last, I left it between eight and nine in the morning, to go to my work; I was fetched home by James Lawrence, who told me my house was robbed; I went back, and found a pane of glass broke out of the window where the thief got in, and the door open; I had left every thing safe and fast; when I returned, the bar was taken down from the backdoor, and I missed all the articles in the indictment(repeating them), and a great many more, which were there when I went out.

WILLIAM WEBB sworn. - I went to Brown as soon as the robbery was discovered at four o'clock; the back-door was left open, and the window hung upon a hook; the boxes were broke all to pieces; we looked among the hedges, and perceived a hair-broom stuck in a gap of the hedge; we looked further, and, nearly through the hedge, we found a large bundle of linen, gowns, shifts, and handkerchiefs; James Lawrence and I watched from between nine and ten at night, till three in the morning, when I saw the prisoner at the bar come up to the gap, where he had put the broom for a token; then he threw the remainder of a sack off his shoulders, pulled out the hair-broom, and threw it across; and, after looking about him, he came to look for the bundle, and run his head into the hole in the hedge; I was not above three yards from him, and immediately I took him, and brought him to Brown's house, and sent for a constable; it was about three o'clock, and was day-light, so that I could see very well; Brown has had the things ever since, by order of the Justice, as he had lost all his clothes.

Q. (To Brown.) Did you take the sack and the bundle? - A. I did; and, by the Justice's order, I took out some of the clothes that were for necessary wear.(Produces a quantity of apparel.)

Q. Can you take upon you to say that those things are your's, and your wife's? - A. Yes.

Q. The things that you took out were your's? - A. Yes.

Q. And they were in your trunk the Sunday before? - A. Yes.

Q. Was the sack taken out of your house? - A. Yes, it was in the house in the morning when I went out.

Q. Is the coat your's? - A. Yes.

Q. And the waistcoat? - A. Yes.

Q. And the boy's waistcoat? - A. Yes.

JAMES LAWRENCE sworn. - Q. You were alarmed about this robbery? - A. Yes.

Q. About what time? - A. About four in the evening.

Q. You assisted Brown to find out who it was? - A. Yes.

Q. You went to the place where you saw this broom? - A. Yes.

Q. And you watched till between two and three o'clock the next morning? - A. Yes.

Q. Did you then see the prisoner at the bar? - A. Yes; he came to the place where the broom was, and laid the sack down; he came over the hedge, and pulled the broom out, and then he went to the place where the bundle was.

Prisoner's defence. I got up in the morning to go to work, and I happened to go over this gap where the things were hid, but I did not know any thing about the robbery; I thought it was a wire put down for a hare; and then these men came up to me and used me very ill.

GUILTY , Death , aged 23.

First Middlesex Jury, before Mr. Baron Graham.

462. WILLIAM GALE was indicted for feloniously stealing, on the 23d of April , a jacket, value 5s. and a pair of breeches, value 1s. 6d. the property of John Midlam .

Second Count. Charging them to be the property of Mary Bachelor .(The case was opened by Mr. Cliston.)

JOHN MIDLAM sworn. - I am coachman to Mrs. Bachelor, at Fulham : On the 23d of April, in the evening, my stable was broke open; I had locked it up myself; I went to the stable at six o'clock the next morning, and found the door unlocked, and the stable stripped of every thing, but the horses; there was a jacket and a pair of breeches missing, which were part of the livery furnished by Mrs. Bachelor; I saw the property again, on the Thursday following, in Monmouth-street.

RICHARD COTTERELL sworn. - I live at No. 2, Monmouth-street: On the 24th of April, the prisoner came to my shop, about ten o'clock in the morning, and purchased a waistcoat; he then made an exchange with me, of a jacket and a pair of breeches; I concluded the bargain, by his giving me two shillings, and the jacket and breeches, for the waistcoat; I value the breeches at one shilling and sixpence, and the jacket at six shillings; the breeches are very old.

Court. Q. Had you no suspicion of the prisoner? - A. Not the least in the world.

Q. What should a man bring a servant's jacket to sell for? - A. My character will bear enquiry.

WILLIAM ANTHONY sworn. - I apprehended the prisoner; he said he had bought them of a person in the lane coming from Fulham.(The property was identified by Midlam.)

For the Prisoner.

JOHN GALE sworn. - Examined by Mr. Knapp. Q. You are the brother of the prisoner? - A. Yes; he lives at North-End, near Fulham; he buys and sells horses: On Saturday, the 24th of April, about half-past five in the morning, as high as I can guess, I got up, and my brother came to the door, and told me he was bid money for a horse yesterday, but did not choose to take it; he had since thought he would take it, and was going to Smithfield to see if he could find the person; I went with him; and, at Stamford-bridge, very near Walham-Green, a man came out of a lane with a bag upon his back, and asked me if I would buy a coat and waistcoat; my brother said he wanted a waistcoat; and then the man pulled this waistcoat and these breeches out; my brother gave him eight shillings for them; I attended at the Magistrate's after my brother was taken up, but I was not asked any questions about it; I am sure these are the same things.

Cross-examined by Mr. Clifton. Q. Where do you live? - A. I am a butcher, and live at Walhamgreen, about a mile from my mother's house.

Q. Are you sure it was the 24th of April? - A. Yes, I recollect it, because it was on a Saturday; and I was coming to Newport-market, uponmy business, and my brother was taken up the Sunday-week following.

Q. You have the man here, I take it for granted, from whom you bought these things? - A. No.

Q. And why have not you? - A. Because I don't know him.

Q. Your brother is a horse-dealer? - A. Yes.

Q. No other trade? - A. No.

Q. I believe he once lived as groom with Mrs. Bachelor? - A. No.

Q. Has he been no servant with her at all? - A. I believe he has.

Q. You attended the Magistrate to give evidence, but did not give yourself the trouble to tell your story? - A. I was asked no questions.

Q. You chose rather that your brother should be committed to Newgate for trial, than give yourself the trouble of telling your story? - A. I did not wish him to go to Newgate; I told Mr. Jepson I had seen him buy them, and he said I should speak, but my brother was then taken away.

Court. Q. When was in your brother lived with Mrs. Bachelor? - A. I don't know.

Q. In what capacity did he live with her? - A. As coachman; I cannot say whether it is two or three year ago.

Q. When did he leave Mrs. Bachelor? - A. I cannot tell; I entirely forget.

Q. You and your brother must have been upon good terms; when did he first become a horsedealer? - A. I knew him buy and sell horses eight or nine years ago, when he was in a gentleman's service.

Q. Is he a married man? - A. Yes, he has been married, I believe, five or six years; he has got a boy three years old.

Q. Can you tell whether he wore a livery or not? - A. To the best of my recollection he did not.

NOT GUILTY .

Second Middlesex Jury, before Mr. Justice Grose

463. THOMAS BARTLETT was indicted for feloniously stealing, on the 1st of May , a piece of morocco leather, value 1s. eight yards of calico, value 12s. five yards of dimilty, value 5s. four yards of lutestring silk, value 8. and four yards and a half of printed calico, value 7s. the property of John Robins , the elder .

WILLIAM WALDRON sworn. - I am superintendant of the manufacturing part of the business of Mr John Robins, the elder, upholsterer , Warwick-street, Golden-square; the prisoner was in Mr. Robins's service, the prisoner went away, without assigning any reason for it, on Friday, the 28th of April, about twelve o'clock; he was taken up on the Saturday night for something else; the constable called upon me; I went to his house, and saw different articles of Mr. Robins's property.(John Turner, a constable, produced a bundle, which he found upon the prisoner; and also a bundle he found at the lodgings of Ann Holloway.)

JOSEPH HARRIS sworn. - I lodged in the same house with Ann Holloway, and the prisoner at the bar; they lived in the house as man and wife, till he was apprehended.(Several of the articles were identified by Waldron.)

Prisoner's defence. I have been sixteen years in London; I have been in the habit of doing jobs for myself at home, and by that means these things have been ushered in; I have always acted upon an honourable scale of life.

The prisoner called two witnesses, who gave him a good character. GUILTY, aged 33.

Of stealing goods, value 10d.

Confined six months in the House of Correction .

Second Middlesex Jury, before Mr. Baron Graham.

464 GEORGE ALLEN and JOHN TERRY were indicted for feloniously stealing, on the 26th of May , 16lb. weight of copper, value 16s. the property of the United Company of Merchants trading to the East-Indies .

Second Count. Charging it to be the property of John Barrett .(The case was opened by Mr. Knapp.)

WILLIAM MOSS sworn. - On Wednesday, the 26th of May, I was on board the Bengal: The Bengal and the Bencoolen were lying off Botolph's quay; they are East-India hoys belonging to the East-India Company; John Barrett com anded the Bengal; the prisoner, George Allen, came on board the Bengal first, to see George Abbott , a seaman, on board the Bengal; he staid about an hour, and went away; he returned again about eight o'clock, with Terry; they sent me on shore for a pot of beer; I returned on board in about five minutes; they drank some of it, and then they both went into George Allen 's boat; I went upon leck to bid them good night, and saw the funnels of he Bengal and the Bencoolen in the boat; I had seen them immediately before I went on shore for the beer; I called to them to come back, and they told me they would see me b - d first; they went away throught London-bridge.

Cross-examined by Mr. Hart. Q. How far was the boat from the ship when you saw it? - A. As close to the stern as I am to you.

Q. You can swear you saw the funnels? - A. Yes, one was shorter than the other.

Q. Had you seen the prisoners before? - A. Not till they came on board to see Abbott; the prisoner Terry asked me if I should know him again, when he was in the cabin.

THOMAS STEVENSON sworn. - I apprehended the prisoners at the Mitre, in Tooley-street, on the27th of May, a little after ten o'clock at night; I had been on board the Bengal about ten o'clock in the morning, and saw that the copper funnels were gone; I apprehended them in the evening; Allen came in first, and, as soon as he saw me, he made his escape out at the back-door; I pursued him and took him in Tooley-street; I took him to the Cock, and, in consequence of information, I apprehended Terry at the door of the Cock; we handcussed them both together, and took them to the Compter; in the Compter-yard, I heard Allen say to Terry, I cannot think how the young b-r could have had the sense or sight to have seen them in the boat, when it was so dark; I was standing with my back close to Allen's face at the time.

JOHN BARRETT sworn. - I am master of the Bengal hoy; she belongs to the East-India Company; I missed the funnel the next morning; it was about 16lb. weight.

Allen's defence. I am innocent of it.

Terry's defence. I know nothing at all of it.

Allen, GUILTY , aged 21.

Terry, GUILTY , aged 24.

Confined twelve months in Newgate , and publicly whipped .

London Jury, before Mr. Recorder.

465. WILLIAM JONES was indicted for feloniously stealing, on the 23d of April , a silver fork, value 8s. the property of William Garnier .

The pawnbroker being the only witness attending, the prisoner was ACQUITTED .

First Middlesex Jury, before Mr. Common Serjeant.

466. THOMAS LEVINS was indicted for feloniously stealing, on the 25th of May , a pig, value 20s. the property of Capel Hanbury .(The case was opened by Mr. Knowlys.)

CAPEL HANBURY sworn. - I live at Stamford-hill: I had seen the pig the day before it was lost; I missed it a little before six o'clock on the Tuesday morning; I went with Elby to the house of Mr. Ross, in King-street, Wapping; we got there before eight o'clock the same morning; we found the pig there in a garret, and the sack that it was conveyed away in; the sack was not mine, but it was upon my premises; I immediately took the prisoner; he said he knew nothing of it.

ISAAC NEWTON sworn. - I am servant to Mr. Hanbury: I know the prisoner very well; I saw him on my master's wharf on Monday, the 24th, about one hundred yards from my master's house, where the pig was; and, a little after ten, I saw him drinking at a public-house, with some of my master's people.

WILLIAM SMITH sworn. - I am a labouring man at Newington: On Tuesday morning, the 25th of May, I saw the prisoner, about five o'clock in the morning, just coming into Newington, with a pig in a sack; just as he passed me, the pig struggled, and began to make a noise; I am sure he is the same man.

Prisoner. Q. Will you swear I was the man? - A. Yes; I was drinking with him the night before.

SUSANNAH ROSS sworn. - I am the wife of John Ross; I live in King-street, Wapping: The prisoner has lodged in my fore-garret three years and a half; I did not see the pig at all.

WILLIAM ELBY sworn. - I am an officer: I went with Mr. Hanbury to this woman's house, on Tuesday, the 25th of May; I found the pig in the front-garret of Ross's house; after we had found the pig, I found the sack in the fire-place; and then I went and apprehended the prisoner.

Prisoner's defence. I know nothing at all about it; I never saw it with my eyes.

The prisoner called Mr. James Flower, with whom he had worked two years, who gave him a good character.

GUILTY , aged 37.

Confined six months in the House of Correction .

First Middlesex Jury, before Mr. Justice Grose.

467. WILLIAM PRUDENCE was indicted for feloniously stealing, on the 8th of May , a bag, value 1d. five knots of silk, value 14s. six bobbins of silk, value 10s. and sixty penny-pieces , the property of John Davis .

Second Count. Stealing five knots of silk, value 14s. and six bobbins of silk, value 10s. the property of John Harris , since deceased , and William Vining .

JOHN DAVIS sworn. - I am a weaver : On Saturday, the 8th of May, I got some bobbins to work, from Messrs. Harris and Vining, Milk-street, Cheapside; my wife got it; there were five knots of Mazarine blue silk, and six bobbins of black down silk; I put them into the bag to bring them home; I put five shillings worth of pennypieces, in a paper, into the bag with them; I met with an acquaintance, and we had a pint of beer together, at the Golden-Heart, in Lamb-street, Spital-fields; the prisoner was there; I did not know him, but he was an acquaintance of the man that I drank with; my acquaintance asked me to drink, and we all joined company together; then my acquaintance left me with the prisoner, and a pot of beer; while the pot was drinking, I had occasion to go into the yard; I staid in the yard about one minute; when I returned, I found the bag was gone, with the contents, and the prisoner was gone; Clifford told me he was gone out with the bag; my wife apprehended, and took him, about four hours after.

Cross-examined by Mr. Hart. Q. What time did you go to this house? - A. About twelve o'clock at noon.

Q. How long did you stay there? - A. About four hours.

Q. Drinking all that time? - A. Yes.

Q. Did you or your wife receive this silk? - A. My wife; I saw it afterwards in the bag, and put the penny-pieces into it.

SARAH DAVIS sworn. - Q. Did you receive this silk of Harris and Vining? - A. No; my husband received it himself; I was at home; I took him four hours after -

Q. (To Davis.) Did you receive this silk yourself? - A. Yes.

Q. How came you to say your wife received it? - A. I did not say so.

Court. You certainly did.

THOMAS CLIFFORD sworn. - I was at the Golden-Heart, on the 8th of May; Davis was there and Prudence; we were all in the tap-room; Davis went into the yard, and I heard Prudence say, he would take the bag and deliver it into the bar for safety; there were two bags, one was his own; I saw him take them both out of the taproom; but whether he delivered them at the bar, or not, I don't know.

JAMES MUNN sworn. - I was at the Golden-Heart, when Davis went into the yard; I saw the prisoner take two bags off the table, and go out of the tap-room; the door goes with a spring and a pulley; I could not see whether he went into the tap-room or not; Davis came in, and went to enquire at the bar whether he had left them there or not.

Mr. Hart. Q. Were these men sober? - A. I don't suppose they could be over and above sober, after drinking so long.

Q. (To Davis.) Did you enquire at the bar? - A. Yes, but my bags were not there.

JOHN ELTHAM sworn. - I was officer of the night: On the 8th of May, the prisoner was brought to the watch-house by six or seven people.

Q. (To Mrs. Davis.) Where did you find the prisoner? - A. At Mr. Hawkins's, in Spital-street; he was very drunk, lying on the floor; he denied it, and began to be very rough; he wanted to go away, and I sent for my husband; the prisoner desired a woman to lend him a crown, and he would make it up a guinea afterwards; I told him I wanted nothing but my master's property, and I would go down upon my knees if he would let me have that; my husband came and took him to the watch-house; the silk was brought to our house, on Sunday night, without the penny-pieces, and without the bag.

Cross-examined by Mr. Hart. Q. He was very drunk and lying on the floor? - A. Yes.

Q. Was his own bag there? - A. Yes.

Court. Q. Was this man any acquaintance of your's? - A. I never saw him before.

Prisoner's defence. I went into the Golden-Heart to have a pint of beer; this man, and a Mr. Hinde, were drinking out of a quart-pot, and they insisted upon my putting my pint of beer into their pot; we were sitting drinking from eleven o'clock, till halfpast four; he was very drunk, and I never took the bag out of the room at all; his company got rather troublesome to me, and I came away with my own bag.

The prisoner called John Read, a city officer, and three other witnesses, who gave him a good character. NOT GUILTY .

First Middlesex Jury, before Mr. Baron Graham.

468. THOMAS DADLEY was indicted for feloniously stealing, on the 21st of April , a silver watch, value 3l. the property of Joseph-Mort Wheeler and Daniel Desboies .(The case was opened by Mr. Knapp.)

JOSEPH-MORT WHEELER sworn. - I am in partnership with Daniel Desboies, watchmaker , in Gray's-Inn-passage: The Rev. Mr. Preston; of East-Dereham, Norfolk, ordered a silver huntingwatch to be made, which we made; it was No. 343; our names were upon it: On the 21st of April last, I put it up in a small box, covered with brown paper, directed to the Rev. George Preston, East-Dereham, Norfolk, and put my seal upon it; I delivered it to the errand-lad, Joseph Chadwick , to go by the mail, from the Golden-Cross, Charingcross: On the 24th of April I received a letter, by which I learned that the watch was lost; I made application at the Golden-Cross; they were aware of its having been stolen, but could not say by whom; the book-keeper gave me the covering, with the direction, in my own writing; on the 21st of May, we accidentally heard that our name had been taken out from the name-piece of a watch; I then applied to the engraver, Mr. Thompson, Red-Lion-street, Clerkenwell; there I was directed to Mr. Campbell, a watchmaker, in the Strand; I saw a watch hanging in the window, which belonged to us; it had the name of Alexander Campbell upon it then; the number remained; Mr. Campbell gave me information; in consequence of which, the prisoner was apprehended in Mr. Campbell's shop, on the 23d of May; he said he had bought the duplicate of a person of the name of Smith.

Cross-examined by Mr. Cliston. Q. This watch was not at all concealed at Mr. Campbell's shop? - A. No, it was in the window.

Q. I believe the prisoner came again to Mr. Campbell's, with the full knowledge that you were after him? - A. Yes; he wanted to buy the watch of Mr. Campbell again, and settle itsome other way; he came three times to Mr. Campbell's.(Joseph Chadwick, the errand-boy, proved the delivery of the watch at the inn.)( Thomas Cooke , the book-keeper, proved the receipt of the parcel at the inn, and that it was put into the seat of the coach.)

GEORGE JONES sworn. - I am servant to Mr. Ashman, a pawnbroker, in the Strand: On the 21st of April, the prisoner came to our shop, about eight o'clock in the evening, and pledged a new silver hunting-watch, which, he said, he had brought for a Mr. Smith; he told me his name was Johnson, and lived at No. 45, St. Martin's-lane; I cannot recollect the maker's name; I lent him two guineas and a half upon it; on the 1st of May, Mr. Campbell came with the prisoner to redeem the watch; I delivered the watch to the prisoner, and, I think, Mr. Campbell paid the money; I understood the prisoner had some dealings in horses.

Cross-examined by Mr. Cliston. Q. It is not an uncommon thing for unfortunate persons to pledge articles in other names than their own? - A. They do sometimes.

Q. I believe he has pledged articles of his own wearing-apparel with you? - A. Yes, several times, in the name of Johnson.

Q. And he particularly told you he was pawning this for a Mr. Smith? - A. Yes.

ALEXANDER CAMPBELL sworn. - I am a watchmaker in the Strand (produces a watch); I bought this watch of the prisoner, at Mr. Ashman's, on the 1st of May, for two guineas and a half, and the interest; I hung it in the window about a fortnight; it had the names of Desboies and Wheeler; I thought it was a watch deserving of my name; and, having other business with Mr. Upjohn, I left it with him, to have the name changed; the same number continued upon it.

Q. Have you ever done any thing in this line of altering names before? - A. No; but it is not unusual in the trade.

Cross-examined by Mr. Clifton. Q. The prisoner was introduced to you by a Capt. Innes, of the 42d? - A. Yes; he said it belonged to a Lieutenant Smith, of the Leicestershire Militia.

Q. I believe he was at your house several times after this transaction? - A. Yes; I told Capt. Innes the watch was improperly come by.

Q. Had the prisoner plenty of opportunity to have got away, after he was made acquainted with it? - A. Yes.(The watch was identified by Mr. Wheeler.)

Prisoner's defence. One evening, between eight and nine o'clock, I met Lieutenant Smith in the Strand, whom I formerly knew in the Leicestershire Militia; I was quartered with him at Tinmouth; I had this watch from him; after I had parted with it to Mr. Campbell, I heard it had been stolen, and surrendered myself.

The prisoner called two witnesses, who gave him a good character.

GUILTY , aged 32.

confined six months in the House of Correction .

First Middlesex Jury, before Mr. Common Serjeant.

469. WILLIAM MILLER was indicted for feloniously stealing, on the 5th of June , a coat, value 20s. a waistcoat, value 10s. a part of breeches, value 10s. a pair of boots, value 10s. and a hat, value 5s. the property of Thomas Foster , in the dwelling-house of David Owen .

THOMAS FOSTER sworn. - I am a clerk in Lord Grenville's Office : The property, which is specified in the indictment, I saw a little before eight o'clock, at my lodgings, at Mr. Owen's, a tailor, No. 7, Norfolk-street ; I know nothing of the loss myself.

DAVID OWEN sworn. - I only prove that this house, in which Mr. Foster lodges, is my house.

JAMES TALBOYS sworn. - I attend the coldbath, in Strand-lane, and live at the watch-house, under my father: Last Saturday morning, a little before eight o'clock, I was standing at the gate of the cold-bath, I observed the prisoner pass me with some clothes, a hat, and a pair of boots, in his arms; I suspected he had not come honestly by them; my neighbour Davis, and I, followed him into the Strand; I raised a cry of stop thief, and he was stopped in Newcastle-street by a drayman, and given into the custody of Thomas Davis; he dropped the coat, waistcoat, breeches, and boots, but still retained the hat, which he then had in his hand; I took the hat out of his left hand, and took him to the watch-house; I made enquiry in the neighbourhood, and Mr. Foster claimed the property.

THOMAS DAVIS sworn. - I am a chimneysweeper, in Strand-lane: I went after the prisoner with the last witness; I saw him drop the clothes in Wych-street, and I picked them up (produces them); he was stopped immediately by a drayman; I am sure he is the same person.

THOMAS BAILEY sworn. - I live in Little-Drury-lane: I heard the cry of stop thief, and saw the prisoner drop the clothes in Wych-street; I never lost fight of him till he was taken.

Mr. Foster. I can positively swear to these clothes; they were made by Mr. Owen; I lost a new suit about two months ago, and I had these made in the room of them.

Q. (To Owen.) Do you know how he got in? - A. No; I should suppose the girl was cleaning the door, and had gone backwards for some water; the clothes all laid in the back parlour.

Prisoner's defence. A man gave them me to carry. GUILTY, aged 22.

Of stealing goods to the value of 39s.

Transported for seven years .

First Middlesex Jury, before Mr. Common Serjeant.

470. JAMES ROCHFORT was indicted for feloniously stealing, on the 4th of June , a wooden till, value 1s. 6d. and 8s. in monies, numbered , the property of Elizabeth Milton , widow .

ELIZABETH MILTON sworn. - I am a widow, I live at No. 35, Litchfield-street, Soho , I keep a chandler's shop : On the 4th of June, the prisoner came in about a quarter past eleven at night, I did not see him come in, I was in the back room; the first thing I saw, was the prisoner endeavouring to throw the till away, when he found he could not get out at the door.

Mrs. DAVEY sworn. - On Friday evening, a little after eleven o'clock, I went to Mrs. Milton's for some table-beer; I found a boy at the door, looking in, he asked me what o'clock it was, he appeared to me to be about seventeen or eighteen years of age; I told him it was past eleven; I endeavoured to go in at the shop-door, and he endeavoured to prevent me; I asked him, if he was going in, if not, let me go in; I then opened the door, and saw the prisoner coming from behind the counter, with something in his hand; when he got to the door, I saw it was the till, what it contained I don't know; I then called Mrs. Milton and the watchman, the prisoner was too strong for me, and got away.

Mrs. MILTON sworn. - The till contained in halfpence and silver, about eight or nine shillings; the prisoner has been in the habit of using my shop, and I had been daily stripped.

JOSEPH TATE sworn. - I was constable of the night, the prisoner was brought to me; there was a picklock found in his pocket.

Prisoner. I have nothing to say.

GUILTY , aged 12.

Transported for seven years .

First Middlesex Jury before Mr. Common Serjeant.

471. WILLIAM STEELE was indicted for feloniously stealing, on the 18th of May , twenty five yards of Irish cloth, value 50s. the property of Thomas Foster , and John Brown , in their dwelling-house .

THOMAS FOSTER sworn. - I am a linen draper , in partnership with John Brown, No. 25, Oxford-street, I heard an alarm, I came down stairs and found the prisoner in the shop, in custody of Fellows.

JOSEPH FELLOWS sworn. - I am a coach-plater: On Tuesday, the 18th of May, between six and seven in the evening, I was coming down Oxford-street, and saw the prisoner in company with two other boys; the prisoner came out of Mr. Foster's shop with a piece of cloth under a leather apron; I suspected he had stolen it; I watched him and the other boys into a passage, about three houses higher up, in Oxford-street; I made enquiry at the shop, and then returned to the passage, and found the cloth lying there; I was going back to Mr. Foster's, and then I saw the prisoner in company with one of the boys going towards the passage; I pursued him, and took him, I delivered the cloth to the shopman. (The cloth was identified by Mr. Foster.)

The prisoner did not say any thing in his defence.

GUILTY, aged 9.

Of stealing goods to the value of 39s.

Transported for seven years .

First Middlesex Jury, before Mr. Recorder.

472. ISAAC WHITE was indicted for feloniously stealing, on the 4th of June , a watch, value 3l. a watch chain, value 6d. and a seal, value 6d. the property of John Shaw , in the dwelling-house of Dame-Ann Barker , widow.

JOHN SHAW sworn. - I am groom to Mr. Harris, nephew to Lady- Ann Barker , in Yorkplace, Baker-street, Portman-square : On the 4th of June, between eleven and twelve o'clock, I left my watch hanging upon a nail over the dresser, in a kitchen; the prisoner is a butcher's servant, he was not gone five minutes before the watch was missing, I went after him, and brought him back, the watch was found tied up in the crown of his hat.

- sworn. - I am cook to Lady- Ann Barker , this watch was lent to me by the groom; the prisoner came in with a loin of lamb, the watch was then hanging up in the kitchen; I asked him if he would have some beer, he said, yes; I went to draw it, and when I came back, I missed the watch; I went to his master's house, and brought him back, it was found in the crown of his hat; I don't know who pays the taxes.( William Blackman , an officer, produced the watch, which was identified by Shaw.)

The prisoner left his defence to his Counsel, and called three witnesses, who gave him a good character. GUILTY, aged 19.

Of stealing the watch, but not in the dwelling-house .

Transported for seven years .

First Middlesex Jury, before Mr. Recorder.

473. JOHN BROWN was indicted for feloniously stealing, on the 1st of June , a shirt, value 4s. and a stocking, value 6d. the property of John Johnson , and a pair of breeches, value 12s. the property of John Peake .

JOHN JOHNSON sworn. - I am a sailor ; I live at the Brown-bear, East-Smithfield : Last Tuesday night, a little after ten, I came home, and foundmy chest broke open, and my clothes gone; the landlord of the house had stopped the prisoner with them, and there was a pair of breeches gone out of my chest, belonging to John Peake.

WILLIAM ENNIVER sworn. - I keep the Brown bear, East-Smithfield, Johnson lodges with me: On the 1st of June, the prisoner came and asked for lodgings, he had slept in my house two nights before; I told him he might; after a little while, he pretended to be in liquor, and asked me to let him lie down; I told him he might, he went up and staid about twenty minutes, and then came down again; I thought I saw something round his waist, he went out, and I called him back, he went backwards in the yard to the privy, and shut the door, I went after him, and found these things upon him. (The property was produced, and identified by Johnson.)

Prisoner's defence. There was a soldier lodged in the house, of the name of Mills, and he asked me if I would sell some things for him, I said, I would, he desired me to conceal them; he said, he owed the master of the house some money.

Enniver. There was a soldier in the house, but he is gone away.

GUILTY , aged 21.

Publicly whipped and discharged.

First Middlesex Jury, before Mr. Common Serjeant.

474. MORRIS SCULLY was indicted for feloniously stealing, on the 3d of June , a hat, value 4s. and two mackerel, value 1s. the property of John Luffman .

JOHN LUFFMAN sworn. - I am a seaman : Last Thursday afternoon, about half-past three o'clock, coming from Blackwall, about fifty yards from the Halfway-house (I had just come home from sea) I was tired, I sat down in a ditch, by the road-side, and the sun drew me to sleep; a gentleman who is here, sung out at a window, sailor,sailor, you are robbed; I immediately got up, and missed my hat, a guinea out of my right-hand pocket, and two mackerel; I went after the prisoner and took him with my hat upon his head, and the two mackerel in his hand; I asked him how he came by that hat, he made answer, a seaman gave it to me about half an hour ago; my friend took the hat from him, and he was secured.

JAMES FREWIN sworn. - I am a rope maker; I was looking out of the window where I live, at the Halfway-house, and saw a sailor lying asleep, and the prisoner took his hat off his head, and two fish; I could not see what fish they were till after I came down; I pursued the prisoner; he had the hat on his head; I took it off the prisoner's head; I took a bit out of the lining, that I might know it again, and gave it to the sailor; he had the fish in his hand.(The hat was produced and identified by the prosecutor.)

Prisoner's defence. The sailor said he had got five guineas and a half, and he had but four guineas and a half; and the Magistrate said he had a great mind to keep him for making a false report.

Q. (To Frewin.) Was you before the Magistrate? - A. Yes.

Q. Did he charge the prisoner with robbing him of any money? - A. Yes; a guinea.

Q. What did the prisoner say to that? - A. He never spoke a word; the sailor sent four guineas home, by a man, to his wife.

Q. Were the Magistrate angry with him at all about that? - A. No.

Luffman. I sent four guineas home to my wife, and I ought to have had five.

GUILTY , aged 30.

Publicly whipped and discharged.

Second Middlesex Jury, before Mr. Recorder.

475. MARY BIRCH , was indicted for feloniously stealing, on the 30th of April , a shirt, value 5s. and a shift, value 3s. the property of John Yarwood .

JOHN YARWOOD sworn. - I live in the garrison, in the Tower ; I am an invalid ; I know nothing of the loss myself.

Mrs. YARWOOD sworn. - I am the wife of John Yarwood; he prisoner was an acquaintance of a man in the garrison; I left her in my room on Monday, the 30th of April, about 12 o'clock in the day, I lost a shirt and a shift; I did not see them again till the 3d of this month, when I saw them at the office, in Lambeth-street, in the hands of two pawnbrokers.

- PRICE sworn. - I live with my mother, a pawnbroker, in Wentworth-street, Whitechapel: On the 1st of May, the prisoner pawned a shirt with me for three shillings and sixpence. (Produces it.) I had known her for some time before.

JOHN PEGRIM sworn. - I am servant to Mr. Ray, a pawnbroker, Sparrow-corner, Minories: On the 30th of April, I took in a shift from the prisoner at the bar; I do not recollect to have seen her before; to the best of my knowledge she is the person.

WILLIAM DOWNES sworn. - I am a patrole of Whitechapel, I was going along Essex-street, Whitechapel, Mr. Yarwood asked me to assist him in apprehending this woman, and we took her, it was the 3d of this month; she gave me the duplicate of the shirt, she said she had lost the other.

Q. Had you threatened her, or told her it would be better for her? - A. Yes, I told her it would be better for her to give them up. (Produces the duplicate.)

Price. This is the counterpart of our duplicate.(The property was identified by the prosecutrix.)

Prisoner's defence. I hope the Court will be favourable, I took them through distress.

GUILTY , aged 30.

Whipped in the jail and discharged.

Second Middlesex Jury, before Mr. Recorder.

476. SARAH FOX was indicted for feloniously stealing, on the 15th of May , a silver watch, value 3l. the property of Michael M'Coy , privily from his person .

MICHAEL M'COY sworn. - I am foreman to the New-River Company : On the fifteenth of May, between the hours of twelve and one o'clock, I was robbed facing Shoreditch-church ; after I had paid my men at the Three Jolly-butchers, in Old-street, I was looking after some pipes that had been broke, and coming back I met this woman.

Q. What time did you pay your men? - A. At eight o'clock; I went home and had my supper; I had a notice from the officer of the division, and I went to look after some pipes that had been broke, and coming back, I met the prisoner at Shoreditch-church, she asked me where I was going, I told her, to my lodging, in Hoxton-town; she asked me if I would go with her, I said, no; at the same time, she drew a pocket-book out of my pocket, and dropped it on the pavement immediately, and upon picking up the pocket-book, I missed my watch, I demanded my watch, and she said she had not got it; I then gave her in charge to the officer of the night, she was searched by the officer; I saw the watch found upon her, at the watch-house; he found it in the lining of her petticoat, at the bottom of her petticoat; it was a silver watch, No. 2353, it cost me three pounds, it had a chain, and a red seal.

Q. The pocket-book was in your coat-pocket? - A. Yes.

Q. Did you not feel your watch go at all? - A. No.

Q. Could your watch have sell out of your fob at all? - A. No.

Q. Were your breeches loose at all? - A. No.

Q. Will you swear they were not unbuttoned at all? - A. Yes, that I can positively swear.

Jury. Q. Were you perfectly sober? - A. Yes, I can take my oath I was quite sober.

ISAAC PEACH sworn. - I am one of the constables of St. Leonard, Shoreditch; I came into the watch-house just after the prosecutor and the prisoner; I searched the prisoner, and found this watch concealed in the bottom of her petticoat, between the lining and the outside of it, she said, she did not know how it came there; I have kept it ever since. (Produces it.)

Q. Was the prosecutor sober? - A. I think he was rather freshish. (The watch was identified by the prosecutor.)

Prisoner's defence. I met with this man, he began to pull me about, and began to behave very blackguardly, he dragged me down a court, he pulled out his handkerchief, and said, I had robbed him of his watch, it was found coming through a hole in the bottom of my petticoat, how it came there, I don't know.

NOT GUILTY .

Second Middlesex Jury, before Mr. Recorder.

477. JOSEPH DIXON was indicted for feloniously stealing, on the 2d of June , 28lb. weight of sugar, value 12s. the property of Francis Searle and Edward Smith .

Second Count. Charging it to be the property of John Archer .

FRANCIS SEARLE sworn. - I am a grocer in partnership with Edward Smith: On Wednesday evening last we sent out a load of goods in a tilted cart; the carman is here.

JOHN ARCHER sworn. - On Wednesday evening last, the 2d of this month, I received, from Messrs. Searle and Smith's house, a parcel, containing twenty-eight pounds of sugar; when I came to the house of Mr. Dixon, in Queen-street, Soho, I delivered his goods according to the order; while I was looking at the bill, to see the things were right, I saw the prisoner, Joseph Dixon , take twenty-eight pounds of sugar out of the cart, and go away with it; upon which I followed him, and took it from him; he made a stout resistance and then run off; I pursued him, crying stop thief.

Q. Did you lose sight of him? - A. Yes; he was taken by a person that came up while he was struggling with me; I met them in Moor-street, Seven-dials, bringing him back.

Q. Are you sure he is the same man? - A. Yes; I saw his face; I know him by his face and his clothes likewise; I am sure he is the same man; he was not out of my sight two minutes.(Thomas Mallard, an officer, produced the sugar, which was identified by Archer.

Prisoner's defence. I never saw that man till I saw him at the watch-house.

GUILTY , aged 25.

Transported for seven years .

Second Middlesex Jury, before Mr. Recorder.

478. JOHN LEE was indicted for feloniously stealing, on the 5th of May , a cloth coat, value 5s. a pair of velveteen breeches, value 10s. a pair of stockings, value 1s. four handkerchiefs, value 1s. 6d. and two waistcoats, value 2s. 6d. the property of George Harper .

GEORGE HARPER sworn. - I lodge at the Fleece, in Little Windmill-street ; I left the articles in question, in a box in my bed-room; about two o'clock on Wednesday, the 5th of May, the prisoner was on the bed in the next room; he has been discharged from the marines ; about four o'clock I saw the prisoner go out from the door, but did not see whether he had a bundle or not; I received information from the servant maid, in consequence of which I went after him, and took him with the property upon him; I brought him back, and he was committed; he offered me a glass of any thing I pleased to drink, and to say nothing about it; I have had the things ever since. (Produces them.)

Q. Was your box locked? - A. I cannot say, the key was in the lock; they are all my property.

MARY DODDS sworn. - I am a servant at the Fleece; I went up stairs between four and five in the afternoon, and met the prisoner coming down with these things in his hand, tied up in a handkerchief; he said I am going off, I shall bid you good bye; I suspected him, and told Harper of it, and he missed his property.

Prisoner's defence. This man asked me to fetch these things down for him, and I went to the door to look for him, when he came up and took me into custody.

GUILTY .

Confined six months in the House of Correction , and publicly whipped .

First Middlesex Jury, before Mr. Recorder.

479. JOHN THORNTON was indicted for feloniously stealing, on the 24th of May , an iron shovel with a wooden handle, value 2s. and a dung fork, value 2s. the property of Samuel Ridge .

- LATHAM sworn. - I am servant to Mr. Samuel Ridge , at Bonner's-hall : On Monday the 24th of May, we lost a shovel and a dung-fork from the shed, in the cow-yard; the prisoner was a labourer, and worked for Mr. Ridge, he disappeared that evening; I saw him on the Friday, at Lambeth-street, with the property.

FRANCIS JORDAIN sworn. - I am a labourer; last Friday was a week, I saw the constable with a fork and a shovel, in Rosemary-lane, and knowing them to be my master's tools, I stopped him and told him I knew who they belonged to, and the next day I saw the prisoner at Lambeth-street.

JOHN BASSETT sworn. - I am a constable, (produces the shovel and dung fork;) this day fortnight, the 24th of May, about a quarter before eleven, my son was shutting up shop, I keep a butcher's shop, in Rosemary-lane; the prisoner wanted to find a broker, I said, it is a very odd time of night to look for a broker, what have you got to sell, he said, this shovel and fork; I asked him how he came by it, and what trade he was; he said, he was a bricklayer's labourer; I said, they were not labourer's tools; I thought they belonged to some cow-yard; he said, he had bought them of Mr. Macmanus, and he would produce the man; I suspected he had stolen them, and I took him to the watch-house; on the Friday following, I had them in my hand, and the last witness came up and claimed them.(The property was produced, and identified by Latham.)

The prisoner did not say any thing in his defence.

GUILTY , aged 21.

First Middlesex Jury, before Mr. Recorder.

480. JEREMIAH MEARS was indicted for feloniously stealing, on the 10th of May , a piece of calf-skin leather, for boot legs, value 5s. the property of Robert Wyatt , John-Thody Birkett , and Clement Wyatt .(The case was opened by Mr. Knapp.)

JOHN-THODY BIRKETT sworn. - Examined by Mr. Knapp. Q. Please to name your partners, and state the particulars of this robbery? - A. My partners are, Robert Wyatt, and Clement Wyatt: The prisoner was in our employ about thirteen or fourteen years; and, on the 10th of May, I cut out fourteen pair of calf-skin boot legs; when I returned from breakfast, I missed one of those pair. In consequence of information, when the prisoner went out to dinner I sent for him back, and desired him to walk into the accompting-house; a constable searched him, and this piece of calf-skin was concealed under his waistcoat, the value is five shillings, and I know it to be one of the pieces I cut out in the morning; he denied having any thing at first, but afterwards, he was asked for what purpose he had taken it, and he said, to cover a chairbottom; I gave no permission to him, or any of our servants, to take any leather.

Cross-examined by Mr. Knowlys. Q. You would not have kept the prisoner thirteen or fourteen years unless you had a good opinion of him? - A. No.

Q. Did he not add, that he meant to have brought it back, and applied to you to purchase it? - A. He did; and said, that he took it as being the cheapest leather, but it is the very dearest, he had no business in that part of the room where it was; there were other workmen in the room.

JOHN CAMPBELL sworn. - I am servant to Messrs. Birkett and Co. I was desired by Mr. Birkett to watch, which I did, and on the 10th of May, between the hours of twelve and one, I saw the prisoner take this piece of leather from where it was concealed, and put it under his waistcoat, near the place where he was at work.

Mr. Knowlys. Q. There were a number of workmen in the shop? - A. Where he was, there were two other men usually worked, but were not there then.

THOMAS HUDSON sworn. - I am apprentice to Messrs. Birkett: I saw the prisoner go out of theshop on the 10th of May, and saw him brought back again, and the piece taken from him; I saw him in the shop early in the morning, and when he first came in, he pulled off his coat and hung it up, then he passed by me and went down stairs, and returned with a piece of Russia mat, and this piece of leather concealed in it, which he then hid under some skins he was shaving.

WILLIAM WOODMAN sworn. - I am a constable, and took the prisoner into custody; he said, he did not mean to steal it, only to take it to a friend who wanted a chair bottom cover, and he meant to ask his master for it, and to pay for it. (The leather identified).

Prisoner's defence. Gentlemen, I have worked with Messrs. Birkett and Co. a number of years, and don't know as I ever robbed them of a halfpenny in my life; I meant only to see whether it would cover my chair-bottom, and if it did I would pay for it, and not to wrong them on any account.

GUILTY , aged 32.

Confined twelve months in Newgate , and publicly whipped .

London Jury, before Mrs Recorder.

481. JOSEPH STRUTTON was indicted for feloniously stealing, on the 1st of June , a pocketbook, value 1s. and an ink-stand, value 6d. the property of Charles Dudley , privily from his person .

CHARLES DUDLEY sworn. - I am a bricklayer , and live at No. 32, St. James's-street, St. George's in the East: On Tuesday morning last, being Thanksgiving-day, I came from home about ten o'clock, to go to Temple-bar, and returned about two; when I got back, I put my hand in my pocket and missed my book; on Thursday one of the officers brought it to me.

THOMAS SIMPSON sworn. - I am a City officer: on Tuesday, about a quarter before two, I and Cartwright apprehended the prisoner, at the end of St. Paul's Church-yard, near Cheapside, and gave him into the hands of Ryley.

CORNELIUS RYLEY sworn. - I am one of the City patrol: On the 1st of June, about two o'clock, Simpson delivered the prisoner into my care, and I took him to the Compter, where I searched him; and found in his bosom, between his waistcoat and shirt, the pocket-book which I gave to Mr. Reed; I asked the prisoner if he had any thing about him before I searched him, and he said, no; he put his hand to his bosom, which led me to suspect him; I searched him, and found it, and then he said he had picked it up.

RICHARD READ sworn. - I am a City officer: The book was delivered to me; on taking off the prisoner's hat, I found five handkerchiefs in it,(produces the book); he said he picked the book up, but I saw no mud or dirt upon it. (The book and ink-stand identified).

Prisoner's defence. I was going through St. Paul's Church-yard and picked up the book, I asked the people found if it was their's, they said no, and I put it in my bosom; when I came out of the mob, those gentlemen catched hold of me, and said I had robbed somebody, and took the book away.

NOT GUILTY .

London Jury, before Mr. Recorder.

482. ANN MORGAN was indicted for feloniously stealing, on the 20th of May , fifteen silver table-spoons, value 7l. a silver pap-spoon, value 6s. six silver tea-spoons, value 10s. a silver salt-spoon, value 1s. a silver soup-ladle, value 1l. a silver pepper-box, value 5s. two silver salt-cellars, value 15s. and a shift, value 1s. 6d. the property of Isaac Gormes , in his dwelling-house .

ISAAC GORMES sworn - I am a Jew , and live at No. 19, Bury-street, St. Mary-Axe : The prisoner was my servant about a fortnight, and I missed all the articles except two spoons; on Thursday the 20th of May, about seven o'clock in the morning, I was alarmed; I got up, and told the prisoner it would be better for her to confess; she was taken into custody, and committed.

- BRADLEY sworn - I am servant to Mr. Maxey, a pawnbroker, in Ratcliff-highway: I produce a pair of buckles, and a pair of table-spoons, which were pawned together by the prisoner, on the 20th of May; I knew her before, and lent her fourteen shillings on them.

JAMES GABITIS sworn. - I am a constable, and took the prisoner into custody: In consequence of her information, I found this plate (producing the articles mentioned in the indictment) behind a smallbeer barrel, in the cellar; she pulled a duplicate of the spoons out of her pocket, and gave it to me, and I got them. (The property identified).

GUILTY, aged 16.

Of stealing to the value of 39s.

Transported for seven years .

London Jury, before Mr. Recorder.

483. SARAH TORBOCK was indicted for feloniously stealing, on the 22d of May , a cambric gown, value 1l. the property of Rebecca Levi .

REBECCA LEVI sworn. - I am a Jewess , and a single woman ; I live at No. 11, Bury-street, St. Mary-Axe , with my mother; the prisoner lived with us as servant : On Saturday the 22d of May, I missed my gown, and told the prisoner the must have taken it, and had better confess; she said it was out of the house; I went with her to a house in Gravel-lane, Houndsditch, where no person was at home; I told the prisoner we would go again, and at the corner of Earl-street she ran away, but I called her, and she came back.

Cross-examined by Mr. Gurney. Q. Are there any other persons living in the house than your family?- A. My mother has boarders; but she had no more than one man lodger, and two men boarders, at that time; and the gown was in the room where the prisoner and I slept.

Q. The house where the prisoner took you to, was where the washerwoman lived? - A. So I understood.

Q. Was it clean, or dirty? - A. I had worn it twice, it had never been washed.

Q. She came back when you called her? - A. Yes.

Q. Perhaps you had lent it her? - A. No; I never gave her leave to wear any of my things.

ELEANOR MOORE sworn. - I live in Gravel-lane, Houndsditch; I am a chair-woman and a washerwoman: The first time I saw the prisoner, was last Tuesday was a fortnight, she came up with my lodger; and on the Thursday following, she came and asked me if I would wash her a round dress; I said, yes, and asked her if she was in place; she said, no, but was in expectation of one; she said she did not want the gown till the next Monday was a week, and left it; last Saturday, Mr. Gabitis brought the prisoner, and took the gown away.

Cross-examined by Mr. Gurney. Q. She did not offer to sell it, only brought it to be washed? - A. No; and I should have washed it.

JAMES GABITIS sworn. - A. I took the prisoner into custody, and fetched the gown from the last witness.(Produces the gown, which was identified.)

Mr. Gurney. (To Miss Levi.) Q. How many times had you promised you would not appear against her if she told you where it was? - A. I told her, before I sent for Gabitis, I would not do any thing to her if she told me where it was.

Prisoner's defence. I leave my defence to my Counsel.

The prisoner called two witnesses, who gave her a good character.

NOT GUILTY .

London Jury, before Mr. Recorder.

484. THOMAS O'BRIEN was indicted for making an assault, on the King's highway, upon Mary, the wife of John Hayward , on the 9th of May , putting her in fear, and taking from her person a bag, value 1d. and 5s. and 1d. in money numbered , the property of the said John.

MARY HAYWARD sworn. - I am the wife of John Hayward : Last Saturday night was three weeks, between twelve and one in the morning, the prisoner followed me down Newgate-street, across the Old-Bailey, and down Fleet-lane; at the bottom of Fleet-lane he asked me to treat him; I said I had no objection; upon that I went in and asked for a glass of gin; the prisoner said he must have a glass of Holland's, which he had; then he followed me out again, and asked me if I would give him the price of a pot of beer; I told him I could not afford it; he followed me up Fleet-lane again, put his arm round my neck, and said, I could if I liked; I told him, no, I could not afford it; he then gave me a blow on my shoulder, and I was so frightened, that I sell down, and saw no more of the prisoner that I can remember.

Q. He did not take any thing from you? - A. Yes, he took the bag of halfpence from me; there was five shillings and a penny in halfpence and penny-pieces; he saw me take some halfpence out of my bag in the wine-vaults.

Q. When was the bag taken from you? - A. When he knocked me down.

Q. Did you see it in his hand? - A. Yes, he took it out of my left hand: I am generally paid in halfpence, and they were in a bag I made on purpose to bring them home in; I screamed out, and he was taken immediately; I saw the prisoner again on Monday, before the Alderman.

Q. Where do you live? - A. At No. 24, Seacoal-lane; the patrol came to me, and asked me to go and see if it was my bag and money; I saw the bag, which I made myself, but no money was in it.

Cross-examined by Mr. Alley. Q. This was an aukward time of night for a woman to be out? - A. It was late, but it was past ten before I was paid, and I had to go to several places to get a few things; I stopped and supped in Whitecross-street, where I had a pint of beer, but no gin.

Q. Did you know the prisoner? - A. I never saw the man before in my life.

Q. The man was quite a stranger, and you treated him with a glass of gin; did you tell your husband that? - A. No, my husband is out of town.

Q. When the cat's away the mice will play, I have heard; what made you treat him? - A. I had the halfpence, and I gave it him out of fear, because he kept following me.

Q. Did you tell the person who keeps the wine-vaults, how much you were frightened at this naughty man? - A. No.

Q. Or the watchman? - A. No, I had no apprehension; I did not think he was going to do me any harm; I gave it him out of fear and good nature.

Q. Where did he take the bag of halfpence? - A. In Fleet-lane, just beyond Hill's wine-vaults; he did not hurt me.

Q. It was not the gin that made you fall, was it? - A. I don't think it could take any effect on me in so short a time.

Q. Did you feel him take the halfpence from you? - A. Yes, I did, and held the bag.

Q. Did you say any thing to him? - A. No, I did not; he took it by main force.

Q. You know that main force, fear, and fright,is necessary to constitute a highway robbery? - A. I have spoke nothing but the truth.

Q. Have not the officer told you, that fear and fright is necessary to make it a highway robbery? - A. No.

Have they told you of the reward of forty pounds? - A. No.

Q. Has not any body told you of a reward of forty pounds if you convict? - A. I am told I am to tell nothing but the truth.

Q. Don't you know there is forty pounds reward? - A. I don't understand the reward; no reward I want to have.

Q. Have you not been told so? - A. No, I have not asked about it.

Q. I caution you to be careful what you say? - A. What I have said I will say again.

Q. Do you mean to swear that you never heard from the officers, there was a reward of forty pounds? - A. They never said any thing to me about a reward.

Q. Have you never heard any body say it? - A. No, I have not.

Q. Then you never heard there was a reward; do you mean to swear that? - A. I don't know any thing about it.

Q. I ask you again, do you mean to swear that when you came into Court, you did not know of a reward? - A. I know the consequence is this, it is a very critical point; what I have said is nothing but the truth; I have said the same as I said before; I cannot say any more.

Q. Do you mean to say you never heard, before you came here, that there was a reward of forty pounds for a highway robbery? - A. No, I have not; I was told to speak the truth, and so I have.

Court. Q. Has any body told you there is a reward; say yes or no; you shall answer it? - A. I will answer it so far as this; they said there was a reward; I have told the truth, and nothing but the truth.

Q. The question is, whether any body told you there is a reward? - A. I want no reward.

Q. Have you been told there is a reward or not? - A. All I can say is, it is a highway robbery, and that I had a right to come to the laws of my country.

Q. Have you been told by any body, that there is a reward for convicting a man of a highway robbery? - A. They did say there was a reward certainly.

Mr. Alley. Q. You say the prisoner was a stranger to you? - A. Yes.

Q. Has your husband come to town? - A. No.

Q. I should be glad to know whether you live separate from your husband? - A. I live with an uncle and aunt.

Q. And all you have is your own property? - A. Yes; I am a spangle-maker, and lay out what I earn.

Q. Do you recollect, before the Alderman, asking any body, whether or not the prisoner was she person who had robbed you, for that you did not know him? - A. I say nothing but the truth, he is the man.

Q. Did you not ask somebody? - A. I did not.

Q. Did you not say, which is the man that has robbed me? - A. There was no one asked me that.

Q. Did you ask it? - A. No.

Q. Your bag, whatever it contained, was taken from you before you got the blow? - A. No, it was not.

Q. It might fall from you? - A. No.

Q. You said you were not frightened or alarmed? - A. Yes, I was.

Q. You don't mean to swear to the bag? - A. I have sworn to it, and must say the same again.

Q. If you have sworn to that which is not true, you are not to swear to it again? - A. I have sworn to the truth.

Q. Can you swear to the bag? - A. I can; I made it out of a bit of cloth.

Q. You would not give a penny for it? - A. It was worth something to me for the use I made of it.

WILLIAM CHALLIS sworn. - I am a patrol belonging to St. Sepulchre's: On the 9th of May, at one o'clock in the morning, being at the corner of Bear-alley, Fleet-market, I heard a rattle spring, and went to it; and the watchman told me a man had escaped, and described him to me; I went into the Old-Bailey, and, at the corner of Green-harbour-court, I saw the prisoner come out with a small bag in his left hand; I said to him, its a late hour, but in your dress I suppose you have been barbering; says he, no; he then endeavoured to secure the bag under his apron; I then said, my friend, who are you, out at this late hour; he said, I am a porter just by; I said, you answer the description of a man who has ill used a poor woman in Fleet-lane, and taken from her a bag full of penny-pieces; if you have such a thing in your hand, I am a patrol, and shall take you into custody on suspicion; I then took hold of him by the left arm, and he struck me as hard as he could between the neck and shoulder with his right, and run to Giltspur-street; I recovered myself and followed him; I never lost sight of him; in Cock-lane I heard a scuffle, and somebody call out here he is; when I came up, the person who had the prisoner was just rising, and the prisoner was just above him,offering to strike him; I caught hold of him, and held him; when we had lodged him in the Compter, I went to No. 24 Seacoal-lane, and found Mrs. Hayward, who claimed the bag.

Cross-examined by Mr. Alley. Q. The lady and the prisoner both lived in Seacoal-lane? - A. I don't know, they were both strangers to me; I did not know he lived there till this day; coming along she told me did.

Q. Did you not see that woman on Sunday last? - A. No.

Q. Did you never see her from the time you apprehended the man? - A. I saw her when we came to find the bill, but never before or since.

Q. Have you never seen her at your own house? - A. Never, or any other.

Q. Have you never been at her house? - A. No. further than calling at the door.

Q. Have you ever seen her at your own door? - A. No.

Q. What did you call at her house for? - A. To know whether she would come forward to give evidence.

Q. You knew she was bound over, and must attend? - A. Certainly.

Q. You had no conversation with her, upon your oath? - A. No.

Q. Did you tell her there was a reward of forty pounds? - A. Never.

Q. Has any of your brother officers? - A. Not to my knowledge; what they have told her I cannot say.

Q. Do you or not know there is a reward of forty pounds for a highway robbery? - A. Yes, I do know it, but never expected this would come to that; I told the prosecutrix it wold not touch the man's life.

Q. You never had any conversation with her on this subject? - A. No.

Q. Then you never desired her merely to tell the truth? - A. Yes, I did.

Q. Then you must have had conversation with her; why did you admonish her to tell the truth; it implies a bad opinion of a person to say, take care and tell the truth? - A. There can be nothing more plain than to tell the truth.

Q. What state was she in on the night of the robbery? - A. Just as she is now.

Q. Sober? - A. I did not think her otherways.

Q. Have you and she been drinking any thing to day? - A. Yes, a glass of gin.

Q. A good many, perhaps? - A. No, only one glass.

- ROSE sworn. - I am a china-man: On the 9th of May, between one and two in the morning, I was in Red-lion-court, Cock-lane, and heard the cry of stop thief; I went to the end, and saw the prisoner running down Cock-lane; I overtook him and collared him; a scuffle ensued, and we sell twice; he got from me, and run down the lane again; I overtook him a second time, and we had another scuffle, and we were up and down several times; I heard the watchman and patrol coming, and I called out here he is; they secured him, and I took the lantern to look for my hat, which I found, and a bag of halfpence laying by it; I saw the prisoner drop something, but don't know what.

- VIOLS sworn. - I am a watchman, and was on duty by St. Sepulchre's Church: On Saturday night, I heard Challis say to the prisoner, I am a patrol, and shall take you; then I heard a scuffle, and the prisoner run away; we pursued him down Cock-lane, and Mr. Rose stopped him.

Cross-examined by Mr. Alley. Q. Did you know whether the prosecutrix and prisoner were acquainted? - A. No.

Q. Don't you know he lives in Scacoal-lane? - A. I have heard say he lived a fortnight there.

Q. Did you hear her ask which was the man that robbed her, before the Magistrate? - A. No.

Q. Had you any conversation about a reward? - A. No.(Henry Kettle, the watch-house-keeper, produced the bag, which was identified by the prosecutrix.)

Prisoner. I leave my defence to my counsel.

For the Prisoner.

KITTY M'DONALD sworn. - Examined by Mr. Alley. Q. Do you know the prisoner? - A. Yes, but don't know where he lives: On Saturday, the 8th of May, my husband, who is a ballast-heaver on the river, gave me orders to pay the prisoner five shillings, who worked with him, which I did in copper, between eleven and twelve o'clock at night, in King-street, Wapping; and he carried it away in a canvas bag, which I took off my side, and gave to him.

Court. Q. Where was this bag? - A. At my side; I carry thread, and sometimes pieces and my money in it.

Q. Was it by mere chance you carried the bag? - A. No, I always carry it at my side like every woman else; they call it a trash-bag in Ireland.

Q. How long had you this bag about you? - A. It is better than three-quarters of a year since I made it myself in England; but I put no mark on it.

Q. What was it made of? - A. Canvas; there was a white running-string at the top of it.

Q. How wide? - A. Pretty wide.

Q. Should you know it again? - A. Yes.

Q. Is that your bag or not? - A. (Looking at the bag produced). No, it is not.

PETER KEELING sworn. - I am a milkman, No. 7, Bear-alley, Fleet-market; I was in Guildhall, and saw the prosecutrix; Henry Kettle pushed her forward, when she said she did not know what to say; says he, why don't you say as you told us this morning; she has been at my house since, and said, if she could get three half-guineas, she would go out of the way, and not prosecute him; only she was afraid of the watchmen, for they would lose forty pounds, if she did not prosecute him.

Court. Q. (To Kettle.) Did you see this man? - A. I don't remember.

Q. Did any such conversation pass between the woman and you, that she did not know what to say? - A. I remember no such thing pass, and I am sure there never was.

ELIZABETH JACOBS sworn. - I know the prisoner; and, on Sunday three weeks, my husband and I went to see him in the Compter, where I saw the prosecutrix; she gave him two pots of beer, and cried, and said, she did not know whether he was the man or not, and was very sorry to hurt him; that if he would give her a guinea and an half, she would go out of the way; we might be in company together about half an hour; the prisoner and I were born and bred within a few doors of each other, at Kildare, in Ireland.

Court. Q. (To Mrs. Hayward) Did you see that woman in the Compter? - A. I saw her there on the Sunday; the prisoner's wife asked me to go to him.

Q. Did you, in her presence, ever declare that you did not know whether he was the man, and that you would make it up for a guinea and an half? - A. I did not.

Q. Did you ever say you did not know whether he was the man or not? - A. No.

Q. (To Jaccols.) Do you persist in what you have sworn? - A. Yes.

GUILTY , Death , aged 30.

London Jury, before Mr. Recorder.

485. JOHN PAYNE was indicted for feloniously stealing, on the 5th of May , 10th weight of raw sugar, value 5s. and 14lb. weight of soap, value 7s. the property of Jonathan Sills , Joseph Sills , and John-Winter Pigeon.(The case was opened by Mr. Gurney.)

EBENEZER SHOREY sworn. - I am employed in the East-India Company's warehouse, which overlooks the Hambro' wharf: On Wednesday, the 5th of May, I saw the prisoner, between seven and eight in the morning, take some sugar out of a kind of butter-firkin, put it in a paper, and tie it up in a handkerchief; he put the head of the small cask on, and went away; in a little time he came back, opened the cask again, took some more out, tied it up, put the head of the cask in, and went away; I acquainted Mr. Sills with it, and the prisoner was detained.

Cross-examined by Mr. Knapp. Q. How far were you from him? - A. It was three stories high.

Q. You could see the sort of sugar? - A. Yes, it was moist sugar.

Q. How many people were on the wharf? - A. Nobody but the prisoner that I saw.

Q. The quantity of sugar you don't know? - A. No.

JOHN STUBBING sworn. - I was with Shorey, and saw the prisoner take the sugar, as he has stated.

JOHN- WINTER PIGEON sworn. - My partners, Jonathan Sills , Joseph Sills , and myself, are proprietors of the Hambro' wharf: The prisoner had been our porter about two months; upon the information given us, we examined the cask, and there was a deficiency, but I cannot speak to the exact quantity; we searched the prisoner's lodgings, and found 10lb. of sugar in a pan, and 14lb. of soap; I compared the sugar with that in the cask, and it corresponded exactly; and I found that half a cwt. of soap was missing; I compared the soap, and it corresponded with that in the warehouse; the prisoner said he bought them, but could not tell where.(The article produced.)

Mr. Knapp. Q. Neither the sugar or soap you can swear to? - A. Not positively; but, to the best of my belief, it is mine.

Q. Sugar of the same quality is to be found in every grocer's shop in London? - A. Certainly.

Q. There are losses in all casks of sugar, I believe? - A. Yes, occasional losses too many, I am sorry to say.

Q. You speak to the soap by comparison? - A. Yes.

Q. Damaged soap is no uncommon thing? - A. No.

Prisoner. I leave my defence to my counsel.

The prisoner called three witnesses, who gave him a good character.

GUILTY, aged 29.

Of stealing the sugar, value 5s.

Transported for seven years .

London Jury, before Mr. Recorder.

486. NATHANIEL CRICK was indicted for feloniously stealing, on the 15th of May , two earthen pots, value 6d. 7lb. weight of white lead, value 3s. 1lb. weight of prepared lead, value 1s. and two brushes, value 1s. the property of Thomas Sharman .

There being no evidence to affect the prisoner, he was

ACQUITTED .

Second Middlesex Jury, before Mr. Recorder.

487. MARY PERRY was indicted for feloniously stealing, on the 16th of May , a pair of woman's shoes, value 4s. the property of Thomas Surguy .

MARY SURGUY sworn. - My husband, Thomas Surguy , keeps a shoemaker's-shop , at No. 12, Old-Tothill-street, Westminster : on Sunday morning, the 16th of May, between nine and ten, the prisoner asked me for a pair of shoes; I reached two or three pair down, and she said none of them fitted her; she was sorry she had given me the trouble, as she was going out of town: A gentleman, who stood outside the door, watched her, and saw her put a pair under her apron; he told me of it, and the apprentice and I followed her; I took them from her, and they were the first pair I had shewn her.(The constable produced the shoes, which were identified.)

Prisoner's defence. As I went past the shop, I took the shoes off the step; a gentleman said they were his; I said they were not, and walked on; then he went in and told the people of the shop.

Q. (To Mrs. Surguy.) Were any shoes at the door? - A. No; they were the shoes I had reached down, and I took them from under her apron.

GUILTY , aged 26.

Whipped in the jail .

Second Middlesex Jury, before Mr. Recorder.

488. EDWARD RIPPON was indicted for feloniously stealing, on the 30th of May , 27lb. weight of beef, value 13s. the property of Robert Dawson , John Heaviside , and Ann Cowley .

Second Count. Charging it to be the property of Robert Dawson ; and,

Third Count. Charging it to be the property of persons unknown.

The prosecutor not appearing, the prisoner was

ACQUITTED .

Second Middlesex Jury, before Mr. Recorder.

489. JOSEPH ROBINSON was indicted for feloniously stealing, on the 4th of May , nineteen yards of cloth, value 16s. the property of John Taylor .

JOHN TAYLOR sworn. - I keep a shop in Ratcliff-highway : On the 4th of May, between eight and nine o'clock in the evening, I observed the piece of cloth near the door; I missed it soon after, and looked out, when I saw the prisoner with it, about four yards from the door; I called stop thief, and saw him throw it down; I never lost fight of him, and he was taken; I did not see him in the shop, or had any knowledge of him before.(The constable produced the cloth, which was identified.)

Prisoner's defence. I was sent to measure some work, and returning, I met a shopmate, and drank with him till eight o'clock, when I run to get back to my time; I saw a man running, and throw away the cloth; an alarm was made, and I was taken.

GUILTY , aged 25.

Confined six months in Newgate , and publicly whipped .

Second Middlesex Jury, before Mr. Recorder.

490. RICHARD TRUMPER , alias TRUMPETER , and WILLIAM ROBERTS , were indicted for breaking and entering the dwelling of Thomas Jones , about the hour of twelve in the night, of the 26th of May , with intent to steal, and stealing a sow, value 8l. three hogs, value twelve guineas, and six pigs, value 6l. the property of the said Thomas.

Second Count. Charging it to be the dwelling-house of Jane Rice .

THOMAS JONES sworn. - I live near Hammersmith: On the 26th of May, at night, I locked up my pigs in a stable, which joins the house, with a bed-room over it, and has an immediate communication to the house; in the morning my carter, William Rugg , called me up for the keys, which I always gave him out at the window; I saw one of the yard gates open, and he said, master, the doors are all broke open; there has been some thieves here; I don't see the pigs, and the bull is let out into the barley; I dressed myself, went down, and examined the gates, which I found broke open; one gate opens into a barley-field, where the bull was; three hogs were gone out of that; ten were missing in the whole; a sow in pig, six store pigs, and three hogs; the sow was taken out of a stable, and the six pigs and the three hogs out of a stye, in the yard; I always locked the doors myself; one of the gates was locked, and the other was fastened with a spike; the hogs were traced through the Gravelpits, and information was given at Bow-street; I found them all at Gyfford's brewhouse, and have them by me now.

WILLIAM RUGG sworn. - I am servant to Mr. Jones: On Thursday morning, about a quarter before five, I went to his house and got the keys; then I went to the stable-door, which I found broke open, and the lock broke off; the yard-gates were open, and the bull let out into the barley; I acquainted my master, and we traced them to London.

ANN WILLIAMS sworn. - I am servant to Mrs. Cummin's, in Dyot-street, St. Giles's: On Thursday morning, the 26th of May, having occasion to call a lodger between four and five o'clock, I saw Trumpeter, who had a smock-frock on, and two more with him, and a great number of pigs, which they were going to put into a man's shed, who rents a little place in New-street.

Court. Q. Did you see both the prisoners? - A. Yes, and another man with them; there was a remarkable pretty large spotted pig, whether a fow or not I cannot say.

JOSEPH MATHEWS sworn. - I live in New-street, St. Giles's: Last Thursday fortnight I went to Convent-Garden-market, about three o'clock, and returned about six, when I found Mr. Saunders, and Roberts, the prisoner, in my shed; Roberts was offering the pigs for sale to Saunders, who said he had no place to keep them in, and would not buy them; I said, d-n you and the pigs too, you rascals, what business have you in my place, and I turned them out; the pigs were all spotted, and there was a fow larger than the rest; the prisoner Roberts had no time to answer, before the officers came in.

WILLIAM SAUNDERS sworn. - Last Thursday se night, about a quarter past six o'clock, I saw the two prisoner in Short's-gardens; they beckoned me when I was about fifty yards from them; I went to them, and Roberts said, Saunders, we have got ten pigs, can you get me a customer for them; I asked what sort of pigs they were; he said there were three fat ones, a low, and six pigs; says Roberts, will you got and look at them; I said yes; then Trumper, and a girl, went away together another way; I went with Roberts to the place where the pigs were, in New-street, and went into the stable, or shed; I asked him how he came by them; says he, they are safe enough; says I, cannot you tell me where you got them from; then he said, beyound Shepherd's Bush; says he, are the four big ones worth six pounds; I said I would have nothing to do with them, because I suspected they were stolen; I asked him if they brought them through the turnpike; he said he did; and, in the course of two or three minutes, the officers came, this was about half-past six.

Roberts. Q. Did I ask you to buy ten pigs of me? - A. Yes.

ROBERT SPICER sworn. - I live in St. Giles's: On Thursday se'nnight, in the morning, Richard Trumpeter came to me, about six o'clock, and asked me to buy ten pigs; I said I would have nothing to do with them; Roberts was with him, and Richard Trumpeter said, if we can agree, they will do you service, they are sit for the knife; I told him I would buy no pigs of him; he went away; Roberts came again and said, if I did not choose any of the others, would I buy an old fow; I said I would have nothing to do with any of them, and then they went away; I knew Trumpeter before, as he lived in the neighbourhood, and used to drive a cart about for Mr. Bennett.

EDWARD CROCKER sworn. - I am one of the Bow-street patrole: Last Thursday se'nnight, I went to St. Giles's, at half-past six o'clock in the morning, to Mathews's shed, and found ten pigs, with the prisoner Roberts, Saunders, Mathews, and another man; Trumpeter was not there; two other officers took them into custody, and I asked who brought the pigs there; Saunders said, Roberts; to which he said nothing; the pigs were then driven to Gyfford's brewhouse, and the prisoners taken to the Brown Bear , Bow-street; I then went to a shed in Palmer's-rents, in Hog-lane, and apprehended Trumpeter, about nine o'clock; I told him what it was for, and he said he knew nothing of it.

JANE RICE sworn. - I am servant to Mr. Thomas Jones , and slept in the room over the shed; last Wednesday se'nnight, I heard a great noise, before it was light, with the pigs, under the room; they made me wake, and I heard the voices of several men; I thought there was a great many together; by the silence afterwards, I thought the pigs were driven out, but I was so frightened, I durst not holloa out.

Trumpeter's defence. I was going out to work that morning, and when I got to St. Giles's pound, a man asked me if I could get any body to buy some pigs; I said, I thought I could; I took Spicer with me, and he said, he did not want any; at the bottom of Dyot-street, the man asked me if I knew any body else; I said, I did not; I am as innocent as the child unborn of taking any thing.

Roberts's defence. I know nothing of the affair; I am quite innocent.

Trumpeter, GUILTY, Death , aged 21.

Roberts, GUILTY , Death , aged 28.

The prosecutor recommended Trumpeter to mercy, on account of knowing his family .

Second Middlesex Jury, before Mr. Justice Grose.

491. RICHARD MEREDITH was indicted for feloniously stealing, on the 13th of April , a bank-note, value 20l. and twenty-three other bank-notes, value 50l. each , the property of John Wallis .

Second Count. Laying them to be the property of Edward Dawson , George Brooks , and John Dixon .

The Court being of opinion there was no evidence to prove the prisoner stole the notes, he was

ACQUITTED .

Second Middlesex Jury, before Mr. Baron Graham .

492. JAMES WRIGHT was indicted for feloniously stealing, on the 1st of May , a bank-note, value 50l. and two other bank-notes, value 20l. each, the property of Samuel Rowland .(The case was opened by Mr. Gurney.)

SAMUEL ROWLAND sworn. - I am a bricklayer and mason , and live at Horsham: On the 30th of April, I received some bank-notes at Messrs. Wrights, in Henrietta-street; there were one of fifty pounds, two of twenty pounds, and ten pounds; I had them in my pocket on the 1st of May, and as I wasgoing down by Charing-cross, towards Westminster-bridge, a man overtook me, and fell into discourse; we went into a public-house, which he fixed upon, called the Mitre, in Union-street, Westminster, where I was to write him my address; in half a minute, the prisoner, who I am sure is the man, came in, and called for a glass of ale, and down he set about two yards from me, and began talking very fast; says he, gentlemen, can you direct me to London-bridge, where the shipping lays; I said, no, I cannot; I know nothing about it, for I am a countryman; he said, he wanted to find his girl, for she was gone to see some man, and he knew where the ship lay, as he had slept with her four nights; then he said he came from the city of Coventry to take twelve hundred pounds, which his aunt had left him, and had got by keeping the poor; that he had spent two hundred pounds in gambling the night before at chalking, and I don't know what, and wanted to get it again; the other man agreed to play, and they wanted me to join them, but I refused as I knew nothing about it, and began to be frightened; there was a shilling or two on the table, and some papers, which appeared to be bank-notes; they did not go on long, when the little man, who first accosted me, asked me for a piece of paper to take my direction; I gave him a bit out of my pocketbook, and held the notes in my hand, upon which he catched them out of my hand, put them among the rest that were on the table, and the prisoner took them up, saying, they were his; that he had won, or something of that sort; then the little man took me by the arm, for I was so frightened I did not know what I did, and led me out of the room round the corner of the street, and desired I would go along with him to his banker's, where he was going to receive four hundred pounds, and he would see me righted, and that I should not be a loser; then presently, says he, no, do you go back, and see after the other man, keep him till I come, and I will see you righted; I went back, but the prisoner was gone, and the notes too; I gave notice to the Bank about the notes, and I was sent for up to give my evidence.

Cross-examined by Mr. Knowlys. Q. You are one of the bailiffs of Horsham? - A. Yes, and have been so since last October.

Q. When all these notes were on the table, your mouth watered for some, did it not? - A. No money ever tempted me.

Q. You saw them gambling together? - A. Yes.

Q. And the stranger and you went halves in the bets? - A. No, I suppose we might be there five minutes only; I drank a drop of rum and water with the stranger.

Q. What bet did you make? - A. None at all.

Q. How long was it before you returned to the house? - A. A very short time.

Q. You told the landlord, I suppose? - A. I made no complaint at the house; I did not ask to see the landlord or landlady, nor did I see them; I cannot tell where I went to at first, but I found my way over to Lambeth, to my friend, Mr. Wilson's, who I mentioned it to that very afternoon.

Court. Q. Did you see no person belonging to the house? - A. I saw no person but the waster.

MARTIN DEMPSEY sworn. - On the 30th of April, I paid the bank-notes to Mr. Rowland; there was a fifty-pound bank-note, two twenty-pound notes, and ten pounds in money, making one hundred pounds.

JOHN MOSS sworn. - I am a clerk in the Bank, and produce a fifty-pound bank-note, No. 3612. pavement of which was stopped.

HENRY ELLISON sworn. - I am a linen-draper, at No. 14, Cranbourn-street, and received this note from a woman on the 1st of May, who I have seen since at Bow-street; I cannot swear positively to the note, but I delivered it to Michael Robinson , my shopman.

MICHAEL ROBINSON sworn. - On the 1st of May, I received a bank-note from Mr. Ellison; this is the note, which I endorsed at the time.

JOHN MILLER sworn. - I am an officer, and apprehended Hahnah Butler, who lives with the prisoner, at No. 30 or 31, Field-street, Pentonville, by virtue of a warrant from the Magistrate; when I went there, the prisoner was shaving himself; I asked for her; says she, my name is Bittler; he looked at the warrant, and read it to her, and told her she must go with me; he likewise said, he would go with her himself; we all went then to Mr. Fletchor's, his attorney, and finding there was no warrant against him, he wished to go; but, before that, he had acknowledged he gave her the fifty pound note at his house to get change for; I asked him where he got it; he said, you know how I got it, I got it on the drop, meaning dropping the ring, or the cross; when he wanted to go away, I detained him; his pocket-book was laying on the table, which I took up; says he, there is a good five-pound note, and some gamnoning notes.(Producing them.)

Prisoner's defence. I won the notes of the prosecutor fairly; he won a guinea of me first, which he kept; he said, he would see me again; and I said, if he would make the letter himself, I would see him for a hundred; he said, I have only ninety; I turned my back, and he took the chalk to make the letter; the other man said, make it plain; says he, I cannot, the table is greasy; then he made the letter O, and I guessed O, and won the money; then he went away with his friend to receive four hundred pounds, and what conversation passed between them I don't know; but, when they were gone, I went about my business.

Court. Q. (To Rowland.) Is there a word of that true? - A. Not a word. GUILTY , aged 41.

Transported for seven years .

Second Middlesex Jury, before Mr. Justice Grose.

493. THOMAS SMITH , THOMAS WILLIAMS , otherwise LONG , and JOHN MILLS , otherwise POLLARD , were indicted for feloniously stealing, on the 9th of May , five planes, value 5s. a hand-saw, value 1s. 6d. a gouge, value 6d. two chisels, value 6d. and a turn-screw, value 1d. the property of John Masters .

JOHN MASTERS sworn. - I am a carpenter , and lost the things, mentioned in the indictment, from a house where I was at work.

THOMAS - sworn. - I am a conveyancer, and reside in Tottenham-place ; my apartment looks over these premises: On Sunday morning, between eight and nine o'clock, I observed Smith loitering about, and some time after the other two came up, with a bag, from the premises, which they took across the fields; about three o'clock in the afternoon, I observed the same boys about the same premises, and come out with a bag again; I went down to an officer, and told him my suspicious, we followed them, and took them to Bow-street, where they were searched, and on Williams the turnscrew was found, Smith had the bag.

- PICKERING sworn. - I am a Bow-street patrol: I apprehended the prisoners, and searched them; on Williams there was found the turnscrew, and in the bag was the things mentioned in the indictment. (The articles produced and identified.)

Smith's defence. Coming along the Duke of Bedford's brick fields, a bricklayer asked me to carry the bag for him.

Williams's defence. I know no more of the affair than you do; I was coming along, and I picked up the turnscrew turning the corner of Tottenhamcourt-road.

Mills's defence. He and me were taking a walk; I know no more of it than the child unborn.

Smith, GUILTY, aged 22.

Williams, GUILTY, aged 15.

Mills, GUILTY, aged 11.

Of stealing to the value of 1s.

All three transported for seven years .

Second Middlesex Jury, before Mr. Baron Graham .

Mr. JUSTICE GROSE delivered the OPINIONS of the twelve JUDGES, on the Case of MICHAEL MICHAEL , as follows:

This was an indictment tried before Mr. Common Serjeant, in February Sessions last, stating, that at a Quarter Sessions holden for the Country of Surry, this prisoner had been, in due form of law, tried and convicted, by a Jury of the County, upon an indictment charging him with having uttered one piece of false and counterfeit money, made and counterfeited to the likeness of a good half-guinea, as and for a good and lawful piece of money, knowing, when he so uttered it, that it was false; and also with having another piece of false and counterfeit money in his custody and possession, and thereupon it was considered, and adjudged by the Court, that the said Michael Michael should be imprisoned in the common goal of the County for the space of one year, and untill he find sureties for his good behaviour for two years more, to commence from the expiration of the said first year. Then it goes on, and states that he afterwards, being a common utterer of false money, on the 14th of January, at the parish of St. Botolph, Aldgate, did utter one piece of false and counterfeit money, made and counterfeited to the likeness of a good seven-shilling-piece, as and for a good seven-shilling-piece, he knowing, at the time, that that seven-shillingpiece was false and counterfeit, against the statute in such case made and provided.

Upon this indictment being tried before Mr. Common Serjeant, it was objected by the Counsel for the prisoner, that, in stating the original record, and the judgement of the Court of Quarter Sessions, it is not stated that the Court did adjudge the defendant a common utterer, only, that they adjudged that he be imprisoned twelve months, and find sureties for his good behaviour.

This indictment is founded upon the statute of the 15th of the late King, chap. 28, and the clause, upon which the indictment is founded, is this:"And be it hereby further enacted, that if any person whatsoever, shall, after the said 29th day of September, utter, or tender in payment, any false or counterfeit money, knowing the same to be false or counterfeit, to the same person or persons, and shall, either the same day, or within the space of ten days then next, utter, or tender in payment, any more, or other false or counterfeit money, knowing the same to be false or counterfeit, to the same person or persons, or to any other person or persons, or shall, at the time of such uttering or tendering, have about him or her, in his or her custody, one or more piece or pieces of counterfeit money, besides what was so uttered or tendered, then such person so uttering or tendering the same, shall be deemed and taken to be a common utterer of false money, and being thereof convicted, shall suffer a year's imprisonment, and shall find sureties for his or her good behaviour for two years more, to be computed from the end of the said year; and if any person having been once so convicted as a common utterer of false money, shall afterwards again utter, or tender in payment, any false or counterfeit money, to any person or persons, knowing the same to be false or counterfeit, then such person being thereof convicted, shall, for suchsecond offence be, and is hereby adjudged to be guilty of felony without benefit of clergy."

It appears then, upon the record, that the prisoner was convicted of uttering false money, having other false money in his possession, knowing that both were false and counterfeit, and for which offence he was adjudged to be imprisoned one year, and until he find sureties for two years more. - Now, this it is which the act requires; it specifies, it is true, that such offender shall be deemed, not that he shall be adjudged, but deemed and taken; this is the conclusion of law upon the offence and upon the conviction; therefore, such adjudication is not required, it would neither be of use to the prisoner, or the public, that it should be so. The Judges are therefore most clearly of opinion, that the adjudication, that the prisoner was a common utterer, is neither necessary by the statute, by the common law, or by practice, and that therefore there is no foundation whatever for the objection.